Nirvana, ‘Nevermind,’ Lawsuit Dismissed- for Now
Nirvana – Story by Cat Badra, photo by Chris Cuffaro
A judge has dismissed Spencer Elden’s lawsuit against Nirvana surrounding the band’s “Nevermind” album art
Spencer Elden’s lawsuit against Nirvana regarding the band’s “Nevermind” album art has been dismissed. A judge on Monday (Jan. 3) dismissed the case put forward by Elden, the 30-year-old man who appeared on the album cover when he was a baby, because Eldon missed the deadline to file an opposition.
The deadline for Elden to file the opposition was Dec. 30, following members of Nirvana seeking a dismissal of the case two weeks ago. In the members of Nirvana’s move, they stated Elden had profited for the past three decades from the celebrity he built up as the “Nirvana Baby.” They also claimed the statute of limitations for the suit had passed.
According to Variety, Judge Fernando M. Olguin, who has been presiding over the case at the U.S. District Court in Central California, dismissed the suit.
It’s not completely over, though, as the dismissal was made “with leave to amend.” Elden is allowed to refile an amended complaint against Nirvana if it’s by Jan. 13. If he doesn’t make the new deadline, the suit is permanently dismissed.
“Plaintiff is cautioned that failure to timely file a second amended complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply,” the current ruling states.
The motion to dismiss the case came about two weeks ago from attorneys representing the late Nirvana frontman Kurt Cobain, as well as Cobain’s widow, Courtney Love, former Nirvana members Dave Grohl and Krist Novoselic, Nevermind photographer Kirk Weddle, Nirvana, L.L.C., MCA Records, UMG Recordings, Inc., Universal Music Group, Inc., the David Geffen Company and Geffen Records.
Elden filed his suit against Nirvana in August for child sexual exploitation. In it, he claims the photograph of him on the cover of “Nevermind” amounted to child pornography. One month later, Elden asked Universal Music to cease using the album cover with his image, especially in regards to the 2021 reissue. They did not oblige. In November, Elden amended his lawsuit, sourcing entries from Cobain’s journals as further proof of his case.
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