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Judge dismisses Nirvana Nevermind cover lawsuit

04 January 2022, 10:52 | Written by Cerys Kenneally

A judge has dismissed Spencer Elden's lawsuit against Nirvana's Nevermind album cover after his lawyers missed a deadline to respond to the Nirvana estate's request to dismiss the case last month.

Back in August, Elden, who was photographed at four-months-old for Nirvana's Nevermind album, filed a lawsuit against 15 defendants including the band's Krist Novoselic and Dave Grohl, the late Kurt Cobain and his estate (including Courtney Love, who is executor of his estate), photographer Kirk Weddle, and multiple record labels.

The lawsuit alleged that the defendants violated "federal criminal child pornography statutes", and Elden was seeking damages of $150,000 (£109,000). Elden also claimed that Cobain agreed to "strategically" cover his genitals with a sticker that read: "If you're offended by this, you must be a closet pedophile", but the band chose to release the album without the sticker.

Last month Nirvana responded to the lawsuit, saying it is "not serious" and it was filed past the statute of limitations expiring.

"Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'," Nirvana's statement added.

It's now been reported that Judge Fernando M. Olguin has dismissed Elden's lawsuit against Nirvana "with leave to defend", after Elden's lawyers missed a deadline to respond to Nirvana's request to dismiss the case in December 2021. According to Spin Magazine, Elden's lawyers have until 13 January to refile a second complaint.

In November Nirvana released their Nevermind 30th Anniversary Edition album.
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