A judge has dismissed the case against Nirvana made by Spencer Elden, the naked baby on the cover of the legendary album Nevermind.
The grown-up baby made the case that Nirvana “knowingly produced, possessed and advertised commercial child pornography depicting Spencer,”
Judge Fernando M Olguin has dismissed the case “with leave to amend.” Meaning, Elden have until January 13 to refile the lawsuit. It’s a wonder how long it will be before the Nevermind baby is back to doing recreation photoshoots if his team doesn’t refile. He’s gotta make a buck somehow.
This comes soon after lawyers for the Nirvana estate publicly deemed the case “absurd”.
Going forward, Elden’s obvious fandom for the band (he has ‘Nevermind’ tattooed on his chest…) may be a little awkward as we’re pretty sure the surviving members will be adequately pissed off.
Elden was seeking $150,00 USD in damages for the case that was filed in August of 2021.
The Nevermind baby claimed the album cover was child exploitation and pornography that he said the band knowingly distributed and profited from. He didn’t mention in the case that he also has spent the last two decades profiting from the image himself but it sure was mentioned by the defendant’s lawyers.
The defendants included former band members, Kut Cobain’s estate, photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music, who filed a motion to dismiss the case last month.
Elden had until December 30 to respond to the motion but his legal team missed the deadline.
The court has now instructed Elden’s legal team that they have until January 13 to file another complaint.
“In accordance with the court’s order we will be filing a Second Amended Complaint very soon. We are confident that Spencer will be allowed to move forward with the case,” Elden’s legal representative said in a statement.
If the case does continue and the defendants file another motion to dismiss, both parties will meet in court for one heck of a lawsuit.
Quick, someone put this guy on another album cover so he can leave Nirvana alone and spend another couple of decades benefiting from 15 seconds of fame.
