Spencer Elden, the cover star of Nirvana‘s 10x multi-platinum 1991 album “Nevermind“, has once again filed suit against several members of the band and their camp. The now 30-year-old Elden appeared naked on the cover of that record while still an infant and claims to have endured lifelong damages as a result.
Elden‘s suit was recently dismissed after he and his legal team failed to issue a timely response to a motion for dismissal filed by the defendants late last year. Those defendants include: UMG Recordings, Inc., Nirvana L.L.C., Kurt Cobain, Courtney Love (as executor of the Estate of Kurt Cobain), Nirvana members Krist Novoselic, Dave Grohl and the album’s photographer Kirk Weddle.
That dismissal allowed Elden a window to file a second amended complaint before today, January 13th to potentially see the case move forward and as it turns out, he opted to do so. Per Rolling Stone, the revised suit continues to claim that the aforementioned parties “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.”
The aforementioned publication also note that this latest amended complaint drops the previous claim regarding to sex trafficking in relation to the cover. Elden had been seeking a minimum of $150,000 per defendant in the past versions of the suit.
In their successful motion for dismissal that was filed late last year, the defendants responded to the prior version of Elden‘s suit as follows:
“The baby in the photograph is now a thirty-year-old man, the plaintiff, Spencer Elden. Elden has spent three decades profiting from his celebrity as the self-anointed “Nirvana Baby.” He has re-enacted the photograph in exchange for a fee, many times; he has 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.”
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