- 04 Jan 22
The "Nevermind Baby's" legal team now has until January 13 to refile his case.
Spencer Elden, best known for appearing as a baby on the cover of Nirvana's iconic album Nevermind, has had his lawsuit against the band dismissed on Monday.
US District Court Judge Fernando M. Olguin in Central California dismissed the case "with leave to amend" due to Elden's legal team not responding to the Nirvana estate's request to dismiss by the deadline of November 30.
Elden has until January 13 to respond; otherwise, he cannot file again.
The legal dispute started when he sued the surviving members of Nirvana (Dave Grohl and Krist Novoselic), Kurt Cobain's estate, Courtney Love, and photographer Kirk Weddle for "sexual exploitation" in late August.
His lawyer, Robert Y. Lewis, argued at the time that the dollar bill he's reaching for on the cover (later edited into the photograph) makes the then minor seem "like a sex worker".
Nirvana's legal team had since responded with a statement that says: "The Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992. Long before 2011, as Elden has pled, Elden knew about the photograph and knew that he (and not someone else) was the baby in the photograph.
He has been fully aware of the facts of both the supposed 'violation' and 'injury' for decades."
"A brief examination of the photograph, or Elden's own conduct (not to mention the photograph's presence in the homes of millions of Americans who, on Elden's theory, are guilty of felony possession of child pornography) makes that clear," they continued.
Elden had become known in recent years for referencing his own fame in the past, including recreating the album cover many times and also has the word Nevermind tattooed across his chest.