Oct 26, 2021

Smells like Nirvana Success

Nirvana was an American rock band, founded in 1987 by lead singer and guitarist Kurt Cobain and bassist Krist Novoselic.

In May 2021, Jocelyn Susan Bundy filed a claim against Nirvana for copyright infringement as a result of its use of the ‘Vestibule’ t-shirt design. Bundy claimed that her grandfather, Charles Wilfrid Scott-Giles created the work during the creation of his 20th Century academic work on heraldry. Bundy claims the ‘Vestibule’ image which was applied to Nirvana’s t-shirts, is identical to the Dante’s Inferno inspired work of her Grandfather, named “Upper Hell”.

On 21 October 2021, U.S. District Judge Fischer dismissed the case against Nirvana. Although good news for Nirvana, Judge Fischer stated that Bundy’s claim would be better suited to be heard within the Courts of England and Wales rather than that of California, stating, “Given that one of the core disputes in this case concerns ownership of copyright in the illustration, which is governed by UK law, the UK likely has a stronger interest, on balance, in this case”. Legal representatives for Bundy has said it is evaluating its options and may well re-file the claim in the UK.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com

Posted by: Tom Staveley in: Copyright, EU/International, Legal News, News

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