- A judge has dismissed a lawsuit filed against Nirvana by the now grown up baby from the "Nevermind" album cover.
- Spencer Elden claimed his naked baby photo is a case of child pornography.
- Elden has until January 13 to file a second motion in order for the suit to continue.
- For more stories go to www.BusinessInsider.co.za.
The lawsuit filed against Nirvana by the now grown up naked baby on the cover of the band's hit album "Nevermind" has been dismissed.
According to court documents viewed by Insider, a judge dismissed the suit "with leave to amend" Monday because Spencer Elden — now a grown man — failed to file his opposition to Nirvana's motion to dismiss the case by December 30.
The lawsuit was initially filed by Elden in August 2021 who claimed the use of his naked photo on the front of "Nevermind" in 1991 was a case of child pornography, according to court documents. He is seeking $150,000 in damages.
Elden claimed the band "failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking," according to court documents.
But Elden has one more chance to keep the suit alive: he can file a second complaint before January 13. If he makes the complaint by the new date, Nirvana's estate will have until January 27 to respond, according to court documents.
Elden's lawyer declined to comment to Insider as he has yet to review the court's decision.
Lawyer's representing Nirvana did not immediately respond to Insider's request for comment.
Lawyers for the band's estate have said that Elden had "spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby,' " The Guardian reported.