Nirvana Nevermind cover lawsuit dismissed by judge

4 January 2022, 17:27

Nirvana with a photo of the Nevermind Baby inset
The lawsuit against Nirvana has been thrown out by a judge. Picture: 1. Paul Bergen/Redferns/Getty 2. Kirk Weddle/Press
Radio X

By Radio X

The baby who appeared on the cover, Spencer Elden, took legal action against the band in 2021.

The lawsuit against Nirvana that was filed by the baby who appeared on the cover of their Nevermind album has been thrown out by a judge.

Spencer Elden, who is now 30 years old, tool legal action against the grunge band against the image of him as an infant, claiming it amounted to "commercial child sexual exploitation" and child pornography.

After representatives for Nirvana refuted the claims, stating the lawsuit was "not serious" and is beyond the statute of limitations.

Now, as Spin reports, the suit has been dismissed by Judge Fernando M. Olguin in US District Court in Central California "with leave to amend".

READ MORE: Amended Nevermind lawsuit claims baby was also photographed as Hugh Hefner

According to the outlet, the case was dismissed because Spencer Elden's legal team had until Thursday (30 December) to file an opposition to the Nirvana estate's request.

His team now have until 13th January to refile a second complaint, after which they will no longer have the opportunity to refile.

Former Nirvana drummer Dave Grohl was asked about his thoughts on the lawsuit back in October and though his response was muted, it was.

Talking to Vulture, he said: “I don’t know that I can speak on it because I haven’t spent too much time thinking about it. I feel the same way most people do in that I have to disagree. That’s all I’ll say.”

When asked his thoughts on Elden filing a suit despite recreating the photo several times as an adult, he added: "Listen, he’s got a ‘Nevermind’ tattoo. I don’t."

READ MORE: What does Nirvana's Smiley Face logo actually mean?