The lawsuit filed by Spencer Elden, the baby featured on the cover of Nirvana’s Nevermind, has been dismissed by a judge after he failed to respond to the band’s motion to dismiss on December 30.
According to reports, Dave Grohl, Krist Novoselic — the band’s surviving members — along with Kurt Cobain’s widow, Courtney Love, filed the motion to dismiss the lawsuit on December 22, 2021 and alleged that Elden was previously proud of being known as the baby on the album art. They also pointed out that his lawsuit was filed after the federal statute of limitations had run out.
“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’,” the motion read. “He has reenacted the photograph in exchange for a fee, many times; he has had the album title ‘Nevermind’ tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women.”
Elden filed the lawsuit in August 2021 and accused the band of child exploitation. He claimed that he was not old enough to give his consent to use the image as he was only four months old, and his legal guardians supposedly did not give the band consent as well. The image allegedly caused him lifelong damages and he was seeking $150,000 USD from each member.