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Copy as you are (2)

A California federal court recently ruled in favour of the grunge band Nirvana in an ongoing case against fashion label Marc Jacobs.

In December 2018 Nirvana filed a copyright infringement lawsuit against Marc Jacobs for stealing its iconic yellow and black smiley face design. Nirvana claimed the styles in question were too similar to its specific trademark for the yellow smiley associated with the word “Nirvana.”

The recent ruling decided that Nirvana maintains trademark rights of the smiley graphics and that Marc Jacobs’ version is close enough to be questioned.

Also, the court found that consumers are likely to believe Nirvana is associated with Marc Jacobs’ items based on these similarities.

As a result, the case will continue on in court.

Source: The Fashion Law

© photo: Marc Jacobs

Erwin Hauër

“Hope is not a strategy.”

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