When the clothing designer Marc Jacobs used the smiley face in 2018, Nirvana sued. Nirvana owns the trademark to that design, which is widely credited to Kurt Cobain. Now, as American Songwriter reports, Fisher claims that he was really the creator of the famous Nirvana cross-eyed smiley-face design, which has appeared on Nirvana T-shirts since 1992. In the latest version of his lawsuit, Elden has dropped Fisher as a defendant. When Elden first filed that lawsuit, one of the defendants was Robert Fisher, a graphic artist who worked at DGC/Geffen Records when Nirvana were an active band on the label. Meanwhile, Nirvana’s iconography is facing other challenges. It is as simple as that… For Elden, this is strike three. Elden’s decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. Rolling Stone has a report on the new filing, in which Nirvana’s lawyers argue that Elden hasn’t been able to identify any new victimization since the last lawsuit: “The time has run. Elden’s lawyers promptly refiled an amended lawsuit, and now Nirvana’s lawyers are once again motioning for the lawsuit to be dismissed. Last month, after Elden’s lawyers missed a deadline to respond to a motion for dismissal, a California federal judge dismissed Elden’s lawsuit. Elden’s lawyers argued that the album cover was child pornography.
Last year, Elden sued Nirvana’s surviving members, Universal Music Group, the David Geffen Company, photographer Kurt Weddle, and Kurt Cobain’s widow and estate executor Courtney Love. When he was four months old, Spencer Elden posed on the cover of Nirvana’s iconic 1991 album. The former Nevermind baby is still trying.
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