The man who, at the age of 4 months, appeared nude on the cover of Nirvana’s 1991 album “Nevermind” filed a new version of his lawsuit on Thursday alleging the image is pornography childish.
Federal judge Fernando M. Olguin had dismissed Spencer Elden’s lawsuit on January 4 after a missed deadline, but had given him permission to file an amended version.
The new complaint includes a statement from the album’s graphic designer who Elden’s lawyers say demonstrates that the band and Geffen Records have deliberately sought to display baby Elden’s penis and exploit the image for commercial purposes.
The lawsuit, first filed in August in federal court in California, said Elden, now 30, suffered “life-long damage” as the group and others took advantage of the ubiquitous image of him naked underwater appearing to swim past a dollar bill on a fish hang.
NIRVANA’S TRIAL ON THE ‘NEVERMIND’ ALBUM COVER REJECTED BY THE JUDGE
The named defendants include surviving members of Nirvana Dave Grohl and Krist Novoselic and the estate of Kurt Cobain.
A motion to dismiss filed in December by Nirvana’s attorneys argues that the complaint was filed well beyond the 10-year statute of limitations of one of the laws used as a cause of action, and that another law it cites was only enacted in 2003 and was not retroactive.
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The motion says the trial is “prima facie, not serious,” and Elden’s conduct reflects this.
“Elden has spent three decades enjoying his fame as a self-anointed ‘Nirvana Baby’,” the document said.
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The Associated Press does not usually name people who say they have been sexually abused, but can when they have come forward publicly on multiple occasions, as Elden did.
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