Marc Jacobs, Others Can't Nix Nirvana 'Happy Face' IP Claims

Law360 (November 13, 2019, 10:21 PM EST) -- A California federal judge ruled Wednesday that Nirvana LLC can go forward with claims that Marc Jacobs ripped off the defunct band's iconic "happy face" logo and that retailers Neiman Marcus and Saks Fifth Avenue have sold infringing products created by the designer.

U.S. District Judge John A. Kronstadt said the dismissal bid by Marc Jacobs International LLC, Neiman Marcus Group Ltd. LLC and Saks Inc. failed on a number of accounts.

The fashion industry juggernauts had argued that Nirvana hadn't shown how the image on the Marc Jacobs products is "substantially similar" to the simplistic face design that was first...

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