A judge has dismissed the lawsuit filed against the former members of the band Nirvana by Spencer Elden, the man who appeared on the cover of band’s iconic Nevermind album as a baby. Defendants in the case had filed a motion to dismiss on December 22, 2021, with Elden’s legal team having until December 30th to respond. Judge Fernando M. Olguin of the Central District Court in California dismissed the case when the team missed the deadline but did note that Elden and his team have one more chance to issue a second complaint with a deadline of January 13th. If that deadline is missed, the case will be dismissed completely without prejudice.
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Elden sued Nirvana, Kurt Cobain’s estate, photographer Kurt Weddle, and others back in August alleging that they “knowingly produced, possessed, and advertised commercial child pornography” as well as that they “failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation.”
However, in their motion to dismiss, Nirvana’s lawyers cited that Elden has frequently and willingly associated himself with the famous Nevermind album cover which depicts him as an infant swimming naked in a pool, seemingly chasing a $1 bill dangling from a fishing line. Their motion noted that Elden has recreated the album cover for money, has had the album title tattooed on his chest, has sold autographed copies of the cover and other claims. They also argued that the statute of limitations for Eldens claims had expired.
“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.’ He has re-enacted the photograph in exchange for a fee, many times; he has had the album title Nevermind tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women,” the motion claimed.
According to his representation at Marsh Law, Elden plans to file again.
“In accordance with the court’s order we will be filing a Second Amended Complaint very soon. We are confident that Spencer will be allowed to move forward with the case,” the statement read (via NPR).
If Elden does file another complaint and the defendants file another motion to dismiss, both sides will meet for a hearing on January 20th.
