The man, who as a 4-month-old appeared nude on the 1991 cover, is alleging the image is child pornography.
Federal Judge Fernando M. Olguin had dismissed Spencer Elden’s lawsuit on Jan. 4 after a missed deadline, but gave him permission to file an amended version.The new complaint includes a declaration from the album’s graphic designer that Elden’s lawyers argue demonstrates that the band and Geffen Records deliberately sought to display the baby Elden’s penis and exploit the image for commercial gain.
The lawsuit, first filed in August in federal court in California, said that Elden, now 30, 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 defendants named include surviving Nirvana members 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 suit was filed well past the 10-year statute of limitations of one of the laws used as a cause of action, and that another law it cites wasn’t enacted until 2003 and was not retroactive.The motion says the lawsuit is “on its face, not serious,” and Elden’s conduct reflects that.
“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’” the document says. The Associated Press does not typically name people who say they have been victims of sexual abuse, but may when they have repeatedly come forward publicly, as Elden has.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Nude Baby on Nirvana's ‘Nevermind' Refiles Dismissed LawsuitThe man who as a 4-month-old appeared nude on the 1991 cover of Nirvana’s album “Nevermind” has filed a new version of his lawsuit alleging the image is child pornography.
Read more »
Prince Andrew's request to have alleged Epstein victim lawsuit dismissed is deniedPrince Andrew's attempt to have a lawsuit from alleged Jeffrey Epstein victim Virginia Giuffre dismissed failed Wednesday after a federal judge in New York rejected his arguments.
Read more »
NY judge denies Prince Andrew's motion to dismiss lawsuit from alleged Jeffrey Epstein victimA judge wrote that Andrew's lawyers failed to successfully challenge the constitutionality of the lawsuit Virginia Giuffre filed against him in August.
Read more »
Prince Andrew stripped of royal patronages and military affiliations as sex abuse lawsuit moves aheadThe announcement comes after a U.S. district judge rejected his motion to dismiss a lawsuit brought by Virginia Giuffre that alleges he sexually abused her when she was 17.
Read more »
Queen Elizabeth removes Prince Andrew’s royal patronages amid legal issuesQueen Elizabeth II removed military affiliations from her son Prince Andrew after a judge rejected the prince’s bid to dismiss Virginia Giuffre’s lawsuit against him.
Read more »
Prince Andrew stripped of military affiliations by Queen ElizabethBREAKING: Prince Andrew stripped of military affiliations by Queen Elizabeth, a day after his lawyers failed to persuade a US judge to dismiss a civil lawsuit accusing him of sexual abuse.
Read more »