Content warning: This article discusses allegations of child sexual exploitation.
The surviving members of Nirvana have won a motion to have a child exploitation lawsuit against them thrown out, but their legal battle isn’t over just yet.
ICYMI: Spencer Elden, the now all-grown-up baby who featured on the front cover of the grunge heroes’ iconic Nevermind album, had been suing the band for child pornography over the now infamous image of his naked infant self in a swimming pool, chasing a US $1 bill.
However, the band’s recent motion to have the case dismissed has just been granted by a Californian judge, after Elden allegedly missed the deadline to formally respond to it.
Now, as Spin reports, Elden has the option to refile the lawsuit, but has to do so by January 13th, otherwise the case will be dismissed for good.
“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’,” Nirvana’s motion to dismiss read.
“He has reenacted 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.”
Elden’s original lawsuit listed the two surviving members of Nirvana’s Nevermind lineup – Dave Grohl and Krist Novoselic – as Defendants, as well as Courtney Love and the Estate of Kurt Cobain, photographer Kirk Weddle, and the various labels that played a part in releasing and distributing Nevermind (including Universal Music Group and the David Geffen Company).
