Nevermind features the song Smells Like Teen Spirit, with sales topping 30 million.Nirvana has won the lawsuit the band faced over their Nevermind cover art after a judge dismissed the case - filed by Spencer Elden, the baby seen in the iconic photograph - for the final time, effectively ending the “child pornography” suit. 'In sum, plaintiff fails to allege that he knew of a violation that occurred while he was a minor or an injury that forms the basis of the claim within ten years of filing this action,' Olguin wrote.Įlden had filed three versions of his complaint, and Olguin's dismissal prevents him from filing a fourth.Ī lawyer for Elden did not immediately respond on Saturday to requests for comment.īert Deixler, a lawyer for the defendants, said: 'We are pleased that this meritless case has been brought to a speedy final conclusion.' The judge rejected that argument, saying it would effectively permit Elden to sue Nirvana indefinitely.

He nevertheless claimed in his lawsuit, which began in August 2021, that he met the statute of limitations because his injuries including emotional distress, lost earning capacity and 'loss of enjoyment of life' continued into adulthood. The lawsuit stemmed from Nirvana's use of a photo taken by Weddle in 1991 at the Pasadena Aquatic Center in California, which depicted Elden swimming naked toward a dollar bill pierced with a fish hook.Įlden was interviewed in 2003 at age 12 by Rolling Stone magazine about the photo, saying he was 'probably gonna get some money from it,' and recreated the image as an adult in 2016 with 'Nevermind' tattooed on his chest. Other defendants included Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain's widow Courtney Love, several record labels and photographer Kirk Weddle.

Nirvana nevermind cover