Nirvana artifacts at a gallery exhibition on Sept. 13, 2011, in London. (Photograph: Samir Hussein by way of Getty Pictures)
Grunge band Nirvana has gained a controversial lawsuit introduced by Spencer Elden, who appeared bare on the quilt of the 1991 album “Nevermind” as a child and later claimed that the photograph amounted to little one pornography, according to Reuters.
In Los Angeles on Friday, U.S. District Choose Fernando Olguin dominated that Elden waited too lengthy to file the swimsuit and cited a 10-year statute of limitations, according to Rolling Stone. It was first filed in August 2021, with the defendants motioning in December to dismiss it.
Elden’s attorneys amended the swimsuit in January and eliminated prices of kid intercourse trafficking that listed Nirvana frontman Kurt Cobain’s property, photographer Kirk Weddle and a number of other document labels as defendants, Rolling Stone reported.
“Briefly, as a result of it’s undisputed that [Elden] didn’t file his grievance inside ten years … the court docket concludes that his declare is premature,” Olguin wrote in his ruling.
The band’s attorneys mentioned that along with submitting too late, Elden had additionally benefited from the photograph of himself as a 4-month-old. Elden had offered autographed copies of the quilt and even recreated the photograph for pay as an grownup, they mentioned.
When Rolling Stone interviewed him concerning the picture in 2003, Elden mentioned he was “most likely gonna get some cash from it.”
The photograph was taken on the Pasadena Aquatic Middle in California. The duvet depicted Elden swimming towards a fishhook piercing a greenback invoice.
Elden’s preliminary swimsuit cited “lack of enjoyment of life,” emotional misery and diminished incomes capability. The court docket had rejected that argument and mentioned it might permit Elden to sue Nirvana time and time once more — with Friday’s ruling blocking any further filings.
“We’re happy that this meritless case has been dropped at a speedy ultimate conclusion,” Bert Deixler, a lawyer for the defendants, advised Reuters.
This text initially appeared on HuffPost and has been up to date.