PASADENA, CA (CelebrityAccess) — A lawsuit over the iconic cover of Nirvana’s 1991 album “Nevermind” has been dismissed after the plaintiff failed to make a key deadline in the case.
Spencer Elden, who was the naked baby depicted swimming on the album’s cover, filed the suit in 2021 alleged that the image is child pornography and that the defendants knowingly used the provocative image to promote their album at Elden’s expense.
The list of defendants named in the suit include former members of Nirvana, including Dave Grohl, Chad Channing, Krist Novoselic and the late Kurt Cobain.
The list also includes record labels UMG, Geffen, and MCA, as well as managers of Cobain’s estate including Guy Oseary and Courtney Love.
On Monday, U.S. District Court Judge Fernando M. Olguin dismissed the lawsuit after attorneys for Eldin missed a Dec. 30 deadline to oppose a motion from the defendants to dismiss the suit.
However, the judge left the door open for the case to proceed and Elden’s attorneys have until January 27th to file an amended complaint before the suit is dismissed without prejudice.
In a statement to USA Today, attorneys representing Elden said they plan to refile.
“In accordance with the court’s order we will be filing a Second Amended Complaint very soon,” Elden’s attorneys from the Marsh Law Firm told USA Today. “We are confident that Spencer will be allowed to move forward with the case.”