Nirvana wins lawsuit over naked baby on Nevermind album cover

The man who was pictured as a baby on the cover of an iconic Nirvana album has misplaced a lawsuit accusing the grunge rock band of kid pornography. 

Los Angeles artist Spencer Elden, now 31, filed the lawsuit in  U.S. District Court for the Central District of California in 2021, alleging that showing naked as a 4-month-old toddler on the cover of the 1991 album “Nevermind” prompted him emotional misery and lost-learning capability as an grownup. 

Elden tried to sue former band members Krist Novoselic, Chad Channing, David Grohl and Robert Fisher; the property of Kurt Cobain; his widow Courtney Love and others for $150,000 every. 

Elden’s lawsuit claimed the musicians “commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense,” in keeping with the lawsuit.

Motion to dismiss unopposed

More than 30 million copies of the album on which Elden is depicted swimming naked in a pool, reaching for a superimposed greenback invoice on a fish hook, have been bought worldwide.

United States district Judge Fernando M. Olguin dominated Friday that Elden had waited too lengthy to file the lawsuit on condition that he had realized concerning the album cover greater than 10 years in the past. 

The decide in January dismissed the case after attorneys for Elden missed a deadline to file an opposition to the defendants’ movement to dismiss. 

Elden’s legal professionals had been allowed to file a second amended grievance regarding “alleged defects” within the defendants’ movement to dismiss.

Nirvana’s attorneys’ movement to dismiss argued Elden had spent three many years cashing in on his depiction on the album cover. 

“He has reenacted 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,” they mentioned.