In November, Elden's legal team released a statement in response to the album's 30th anniversary, when the cover was re-released.
"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 defendants say. In their motion to dismiss the lawsuit, the defendants say Elden profited from being on the album cover as a baby and has benefited from it as an adult. 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. "In accordance with the court's order we will be filing a Second Amended Complaint very soon. If the defendants file another motion to dismiss, both sides will meet on Jan. Olguin of the Central District Court in California said Elden and his legal team have until Jan. 30 to respond to the motion, but his legal team missed the deadline, and so the case was dismissed. The defendants in the case - which included former band members, as well as Kurt Cobain's estate, photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music - filed a motion to dismiss the case last month.Įlden had until Dec. Now 30, he was seeking $150,000 in damages. Elden was just four months old when he was photographed for the cover. Spencer Elden sued 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. A judge in California has dismissed a lawsuit filed against former band members of Nirvana for their iconic Nevermind album cover.
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