Spencer Elden, the (former) baby swimming on the cover of Nirvana's classic 1991 Nevermind album, filed a lawsuit against Nirvana and entities associated with the band back in August claiming that the iconic cover image is child pornography. That lawsuit has now been dismissed by Judge Fernando M. Olguin in U.S. District Court in Central California.
The case was dismissed after Elden's legal team failed to file an opposition to the Nirvana estate's request. According to Spin, Elden's team has until January 13 to refile the lawsuit.
Elden's lawsuit seeks $150,000 from multiple parties associated with the band. These parties include Dave Grohl and Krist Novoselic; Courtney Love, who serves as the executor of Kurt Cobain's estate; photographer Kirk Weddle, who took the initial photo; art director of Nevermind Robert Fisher; and "a number of existing or defunct record companies that released or distributed the album in the last three decades."
Nirvana's camp has called Elden's lawsuit "not serious," claiming that Elden has "spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby'" and assert that his lawsuit "will fail on the merits." The parties also make the argument that a photo of a naked baby is not child pornography. Grohl also recently reacted to the lawsuit, not really saying much outside "Listen, [Elden] got a Nevermind tattoo. I don't."
