“Move over smiley face. Welcome to the Seventh Circle of Hell.
“Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its ‘happy face’ t-shirt designs, now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld.
“The complaint, filed in federal court in Los Angeles [in April 2021], claims that Nirvana infringed an illustration first published in a 1949 English language translation of Dante’s Inferno. The drawing depicts Dante’s circles of Upper Hell and, like Nirvana’s smiley face logo, has been featured on the band’s merchandise for decades. [. . .]” –Aaron Moss, “Foreign Works, US Rights: The 7th Circle of Copyright Hell?” on Copyright Lately (April 30, 2021)
The disputed image was featured on the B-side of Nirvana’s debut album Bleach (Sub Pop Records, 1989).
Contributed by Jared Brust (Florida State University ’21)
