Saturday, January 29, 2022

Baby On on Nirvana’s ‘Nevermind’ Re-Sues

LOS ANGELES (AP) — A man who appeared naked on the cover of Nirvana’s 1991 album “Nevermind” at 4 months of age filed a new version of his lawsuit Thursday, alleging that the image is child pornography.

Federal Judge Fernando M. Holguin dismissed Spencer Elden’s lawsuit on January 4 after a missed deadline, but allowed him to file an amended version.

The new complaint includes a statement from the album’s graphic designer, which Elden’s lawyers say demonstrates that the band and Geffen Records intentionally sought to show Elden’s baby penis and use the image commercially.

The lawsuit, first filed in August in California federal court, says Elden, now 30, is “damaged for life” as the group and others cash in on the ubiquitous image of him naked underwater, who appears to be swimming for a dollar bill. banknote on fish. hook.

Named defendants include surviving Nirvana members Dave Grohl and Krist Novoselic, as well as Kurt Cobain’s estate.

Kurt Cobain of Nirvana in a photo during a performance.

Jeff Kravitz via Getty Images

A motion to dismiss, filed in December by Nirvana’s lawyers, alleges that the suit was filed well after the 10-year statute of limitations for one of the laws used as the basis for the suit, and that the other law it refers to was not passed until 2003. . was not retroactive.

The motion says the lawsuit is “seemingly frivolous” and Elden’s behavior reflects this.

“Elden has spent three decades cashing in on his fame as the self-proclaimed ‘Nirvana Kid,'” the document reads.

The Associated Press doesn’t usually name people who say they’ve been sexually assaulted, but they can when they’ve repeatedly come forward publicly, as Elden did.

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