Just when we thought the story of Nirvana baby was laid to rest, the famous man-baby is back and refiling a lawsuit.
The bands renowned album ‘Nevermind” includes the famous image of a naked baby in a swimming pool.
Spencer Elden, the man (yes, he is no longer a baby) featured on the artwork, has decided to revive the lawsuit following the dismissal by a California federal judge.
The original lawsuit alleged that the album artwork constitutes child pornography.
Elden, now 30 years old, was just a baby when his naked image became a pop culture icon in the early 90s.
The second complaint was filed on Wednesday, January 12th and is said to include amended details.
The case was originally dismissed after Elden’s legal team failed to comply with the December 30 deadline of response to Nirvana’s motion for dismissal.
An old saying “The definition of insanity is doing the same thing over and over again and expecting different results.”
Elden Refiles #Nirvana 'Nevermind' Lawsuit After Dismissalhttps://t.co/ypW41XL4ZI
— Mimi Chen (@MImi_TheSound) January 13, 2022
In the refiled complaint Elden claims that Nirvana, Kurt Cobain’s estate, record labels and photographer Jurt Weddle “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.”
Originally the suit included claims that the defendants did “knowingly benefit from participation in what they know or should know is a sex trafficking venture.” However, this has since been removed.
The original lawsuit filed in August 2021 also claimed that Elden endured “lifelong damages” from the artwork and that his legal guardians never signed a release “authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.”
Nirvana’s lawyer was quick to denounce the accusations, noting that Elden had used his placement on the album as both financial and personal leverage.
“(Elden) 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.”
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Not to mention the legal team also argued the statute of limitations on the allegations had expired.
Maybe Elen isn’t too familiar with the concept of time, considering he managed to miss the deadline for his last attempted lawsuit. Which as surprising as he is really giving the impression that he doesn’t have much else going on.