3 Count: Smiley Face Settlement

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1: A Three-Way Lawsuit Over Nirvana’s Smiley Face Logo Has Ended

First off today, Loudwire reports that the three-way lawsuit over the Nirvana smiley face logo has ended as all parties have agreed to a mediator’s proposed settlement.

The lawsuit began in 2018 when the band sued fashion brand Marc Jacobs over a T-shirt featuring a similar smiley face. The band accused Marc Jacobs of violating their copyright and coopting their branding. However, Marc Jacobs countersued, alleging that the logo’s creator was unknown despite claims to have been created by Kurt Cobain.

Then Robert Fischer, the former art director at the band’s record label, filed his claim. He argued that he owned the logo and had received no royalties or other compensation for its continued use. However, now all three sides have moved to dismiss the case, citing a mediated settlement between them. The terms of that settlement are unknown.

2: Nintendo Targets Switch Emulators Suyu, Nuzu, Uzuy, Torzu, and Sudachi

Next up today, Andy Maxwell at Torrentfreak writes that Nintendo has filed a DMCA takedown with GitHub, which has resulted in the removal of 14 separate repositories hosting software for emulating the Nintendo Switch.

Nintendo recently secured a settlement with the makers of the Yuzu Nintendo emulator. They had sued the makers, alleging that the software enabled users to bypass copyright locks unlawfully. The two sides reached a quick settlement after Nintendo secured a judgment and injunction in their favor.

Now, Nintendo is using that injunction to target other emulators based on Yuzu. All fourteen of the repos listed are down, though some appear to have been removed by the owners and others by GitHub directly.

3: Influencer Style Case Risks More Stolen Vibe Suits From Creators

Finally, Annelise Gilbert at Bloomberg Law reports that Instagram and TikTok influencer Nicole Gifford has filed a lawsuit against a similar influencer, who claims that Gifford has ripped off her style, poses, and aesthetic.

According to Gifford, after a photo shoot, another creator, Alyssa Sheil, blocked her on social media and began creating similar posts using similar angles, color choices and poses. Gifford originally sent a cease-and-desist letter but, after the content was not removed, opted to file a lawsuit in Texas.

Gifford is suing for both copyright and trade dress infringement. Most who have examined the case claim that the arguments are shaky but admit that it raises interesting questions about the intersection of trade dress and copyright claims.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.