A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover.
former members of the band in August 2021 for child exploitation and pornography, saying the band knowingly distributed a naked photo of him as a baby on the 1991 album cover and profited from it. Elden was just 4 months old when he was photographed for the cover. Now 30, he was seeking $150,000 in damages.
Elden had until Dec. 30 to respond to the motion, but his legal team missed the deadline and so the case was dismissed. "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," Marsh Law, the firm that represents Elden, said in a statement.
"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 titletattooed 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 defendants say.
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