Spencer Elden, who was pictured as a nude 4-month-old on the cover of Nirvana’s classic album, alleged the photo was child porn and caused him ‘lifelong damages.’
A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a 4-month-old on the 1991 cover of Nirvana’s “Nevermind” album is child pornography. Judge Fernando M. Olguin on Monday granted a motion to dismiss the suit from the defendants, who include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain, but left the door open for plaintiff Spencer Elden to refile an amended version. The dismissal came after Elden’s attorneys did not file an opposition to the defendants’ motion to dismiss by a Dec.30 deadline. The attorneys declined comment Tuesday. The lawsuit, filed in August in federal court in California, said that Elden had suffered “lifelong damages” as the band and others profited from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook. The motion to dismiss filed Dec.
