A Judge Dropped the Nirvana "Nevermind" Kid's Lawsuit

LONDON – SEPTEMBER 13: Nirvana artefacts and exhibits are seen at the opening of ‘In Bloom: The Nirvana Exhibition’, marking the 20th Anniversary of the release of Nirvana’s Nevermind album, at the Loading Bay Gallery on September 13, 2011 in London, England. (Photo by Samir Hussein/Getty Images)

A federal judge in California dismissed the lawsuit filed last year by Spencer Elden (the kid on the cover of NIRVANA’s “Nevermind” album).

But the case isn’t necessarily over, because Spencer can re-file an amended lawsuit… and he plans to do it.

What happened was that the defendants filed a motion to dismiss the case, and Elden had until December 30th to respond. He didn’t, so it was dropped. But now he has until the 13th of this month to re-file.

Spencer sued pretty much everyone he possibly could, including the surviving members of Nirvana, the estate of Kurt Cobain, his widow Courtney Love, and the band’s producer, art director, and record label.

He claims his likeness was exploited because he was too young to consent to its use. He also calls the image child pornography, since it depicts him naked when he was a baby.

Source: NPR