Nirvana’s representatives in court have filed once again to dismiss Spencer Elden’s latest motion to bring the Nevermind album cover art lawsuit back to court.
The original lawsuit filed last year had been dismissed earlier in January due to Elden’s legal team missing a deadline. Given one final chance to build a case by the judge, Elden has, once more, filed a lawsuit against the grunge group.
Elden claims that the image taken of him as an infant that was used for the front cover of Nirvana’s masterpiece Nevermind in 1991, has caused him “lifelong damages”. He added that the photo was “commercial child sexual exploitation” and “child pornography”.
The second lawsuit filed contains an amended complaint and alleges that Nirvana, Cobain’s estate, Kurt Weddle (who took the photograph used on the Nevermind cover) and multiple record labels “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.”
Now, in the latest development of the case, surviving Nirvana members Dave Grohl and Krist Novoselic have filed another motion to have the case dismissed.
“For Elden this is strike three, this case must end,” the motion states, adding that Nirvana is asking the court “for an order dismissing this action, with prejudice” and, once again, “on the ground that it is barred by the statute of limitations” and “no amendment is possible to salvage the claim”.
In December 2021, the representatives for Nirvana refuted all original claims, explaining that the lawsuit was “not serious” and beyond the statute of limitations.
The Nirvana camp added at the time that there had been occasions in the past where Elden had ostensibly embraced having been involved in the artwork of a seminal album. They claimed that he had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’”.
The added: “He has recreated the photograph for a fee many times; the title of the album Nevermind has been tattooed on his chest; has appeared on a talk show with a flesh-coloured jumpsuit who parodies himself; has autographed copies of the album cover for sale on eBay, and he has used the connection to try to pick up women,” the statement read. “There is no doubt that Elden’s claims will fail on the merits.”
A hearing is scheduled to take place on February 24th in Los Angeles.