Spencer Elden alleges the former members of the grunge-rock trio, various record companies, art directors and others violated federal criminal child pornography laws and caused him to suffer 'lifelong damages' by 'trafficking' his image worldwide.
But the defendants -- including Courtney Love, executor for the estate of late Nirvana singer-songwriter Kurt Cobain -- argued that Elden had seemed to enjoy being the "Nirvana baby" and even has a "Nevermind" tattoo.
Elden had sought a jury trial and $150,000 from each of the 17 defendants or unspecified damages to be determined at trial. "To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer's `gag reflex' before throwing him underwater in poses highlighting and emphasizing Spencer's exposed genitals," Elden's suit alleged.
Elden alleged in court papers that the defendants "used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews."
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