Los Angeles, California (WNews US) – A US federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a four-month-old on the 1991 cover of Nirvana’s Nevermind album is child pornography.
Judge Fernando M. Olguin on Monday granted a motion to dismiss the suit from the defendants but had left the door open for plaintiff Spencer Elden to refile an amended version.
The dismissal came after Elden’s lawyers did not file an opposition to the defendants’ motion to dismiss by a Dec. 30 deadline.
The $150,000 + lawsuit, filed in August in federal court in California, said that Elden 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 suit sought at least $150,000 US from each of more than a dozen defendants, including the record labels involved in the release and re-release of Nevermind, and cover photographer Kirk Weddle.
The motion to dismiss was filed December 22 by Nirvana’s lawyers argued that the suit was filed well past the 10-year statute of limitations.
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.
This story was originally published on CBC News. To read the rest of this news worthy story, please visit .