Nirvana Won The Lawsuit Of ‘Nevermind Baby’ As The Case Was Dismissed For The Last Time

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Nirvana recently won its lawsuit against Spencer Elden, known as ‘Nevermind Baby,’ after the Judge’s decision to dismiss the case for the final time, as Rolling Stone reported.

In 1991, Nirvana achieved an unexpected mainstream success following the release of ‘Nevermind.’ In fact, the single ‘Smells Like Teen Spirit’ made the entire album famous. With this record, the band also started being considered one of the pioneers of the grunge genre and achieved dominance in the music scene.

Besides the singles like ‘Come as You Are’ and ‘Lithium,’ the album is also renowned for its cover featuring a nude baby, Spencer Elden. For the album’s several anniversaries, Elden recreated the new versions of the cover for photographers. He also appeared on a few shows and interviews where he mentioned his willingness to reshoot for the cover.

After enjoying fame as the swimming baby of ‘Nevermind,’ Elden shocked everyone by filing a lawsuit against Nirvana, photographer Kirk Weddle, Cobain’s estate, Dave Grohl, and Krist Novoselic in August 2021. He claimed that they used his photograph without permission. Elden also declared that it caused damages to him as the picture disregarded the federal child pornography laws.

Later, Nirvana’s estate demanded to dismiss the lawsuit advocating that Elden provided profits for many years as Nirvana Baby. In a previous interview, Dave Grohl indicated he disagreed with the case and revealed an irony about Elden’s lawsuit mentioning he has a ‘Nevermind’ tattoo.

Recently, Judge Fernando Olguin dismissed the case stating Elden waited too long to file the suit. He wrote that the case was time-barred since Elden had not realized the damage within ten years. It was reported that the court decided not to give another opportunity to the plaintiff for the fourth time as he had had an option to make up for deficiencies regarding lapse in the case.

Judge Fernando Olguin wrote the following:

“In short, it is undisputed that Elden did not file his complaint within ten years after he discovered a violation. The court concludes that his claim is untimely.”

The Judge continued:

“Because the plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”

As a result, Nirvana won the legal battle against ‘Nirvana Baby,’ which lasted for a year. The defendants’ legal representative Bert Deixler expressed his delightfulness about the case’s outcome. On the other hand, Spencer Elden’s side has preserved their silence.