A federal judge has granted Nirvana's motion to dismiss a lawsuit filed by Spencer Elden over his nude depiction as a baby on the cover of their Nevermind album. But the case can be resurrected.
On Monday (January 3rd), US District Court in Central California Judge Fernando M. Olguin dismissed the case "with leave to amend," after Elden's camp failed to respond to the Nirvana legal team's filing to the lawsuit last month.
Nirvana sought to have the case dismissed stating the Elden had "spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby'" and had "re-enacted the photograph in exchange for a fee" a number of times since the original photo was taken in 1991 when he was four-months old.
Elden filed a lawsuit claiming that the band violated child pornography laws by using the nude baby photo for the album cover. Elden's legal team had until last Thursday, (December 30th), to file their opposition to the Nirvana team's request to have the suit dismissed.
However, Elden's team have until January 13th to refile a second complaint. Spin reports that the ruling states, "Failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order."
Historic Kurt Cobain Guitar Sells For Over $1.5 Million - 2023 In Review
Van Halen and Kurk Cobain Guitars Highlight Music Icons Auction - 2023 In Review
Nirvana, Heart's Ann and Nancy Wilson Led Grammy Lifetime Achievement Honorees - 2023 In Review
Historic Kurt Cobain Guitar Sells For Over $1.5 Million
David Gilmour Launching Royal Albert Hall Residency
August Burns Red To Play Constellations in Full During Christmas Burns Red
Daryl Hall Introduces New Album With 'Can't Say No To You' Video
Robert Jon & The Wreck 'Give Love' With New Song
Jesse Colin Young's Classic Album 'The Perfect Stranger' Gets Digital Reissue
Solence Says F The Bad Vibes With New Video
Prog Ensemble Circuline Releases Official Video For New Single 'All'
Robert Plant, Yes and Willie Nelson Among Stars Coming to Ozarks Amphitheater
Live: Heart and Cheap Trick Rock Tampa
On the Blue: New Horizons Cruise Days 4 & 5: Starship Lands on the Pearl, Alan Parsons Takes It Home