The trial ended It does not matterThe album cover that Spencer Elden lobbied against Nirvana was rejected by a judge on Monday (January 3) after Elden, the 30-year-old pictured for the album cover as a baby, missed a deadline to file an opposition in the case.
Elden (pictured above) had until Dec. 30 to file a new case after members of the late Grunge group and their related business entities requested a layoff two weeks ago. They said Elden had spent the past three decades enjoying his fame as “Nirvana Baby” and that the lawsuit had passed the statute of limitations.
Judge Fernando M. Olguin, who was presiding over the case in the Central California U.S. District Court, dismissed the action on Monday evening, Variety reported.
However, the dismissal was pronounced “with authorization of rectification”. This means Elden has another chance to file a new complaint against Nirvana with a new deadline of January 13. -Rod. If the new deadline is missed, the lawsuit cannot continue.
“The plaintiff is warned that failure to file a second amended complaint on time will result in the dismissal of this action without prejudice to the failure to prosecute and / or the failure to comply”, indicates the current decision.
The December nonsuit motion came jointly from lawyers representing late Nirvana frontman Kurt Cobain, Courtney Love (Cobain’s widow), former Nirvana members Dave Grohl and Krist Novoselic, It does not matter photographer Kirk Weddle, Nirvana, LLC, MCA Records, UMG Recordings, Inc., Universal Music Group, Inc., David Geffen Company and Geffen Records.
In August, Elden sued Nirvana for the sexual exploitation of children, claiming that the image of him on the cover amounted to child pornography. He sought “damages resulting from each of the defendant’s violations of federal child pornography criminal laws,” according to court documents uploaded to Scribd at the time by Pitchfork.
In September, Elden asked parent company Universal Music to stop using the album art that depicts his genitals, especially for the 2021 reissue. However, the anniversary editions, finally released in November, still feature the original cover. That month, Elden submitted an amendment to his claims, citing entries from Cobain’s diaries to advance his case.