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Marc Jacobs seeks dismissal of Nirvana t-shirt case because Kurt Cobain didn’t create the famous smiley face

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Fashion firm Marc Jacobs has returned to court again seeking dismissal of the ongoing legal battle over those Nirvana-esque t-shirts it sold.In 2018, the retail chain run by fashion designer Jacobs put on sale a grungy clothing line that included a t-shirt clearly influenced by the famous smiley face image used by Nirvana on its merchandise back in the 1990s.Nirvana LLC, which controls many of the band’s IP rights, sued the Marc Jacobs company in December 2018, arguing that the fashion firm’s smiley face shirt infringed its intellectual property.Jacobs initially argued that there were enough differences between the old Nirvana t-shirt design and his company’s t-shirt design to reject any claim of copyright infringement.

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