The man who appeared as a unadorned baby on Nirvana’s “Nevermind” album has filed a brand new lawsuit alleging the picture is little one porn — simply weeks after a decide tossed his authentic case.
Spencer Elden, 30, filed the brand new grievance towards Kurt Cobain’s property and Nirvana’s surviving members in California federal court docket on Thursday.
The new lawsuit features a declaration from the album’s graphic designer that Elden’s attorneys argue proves the band and file label, Geffen Records, intentionally sought to show baby Elden’s penis and exploit the picture for business acquire.
Elden claims within the lawsuit that he has suffered “lifelong damages” because of having his bare physique plastered on the 1991 album cowl.
The case was initially thrown out two weeks in the past after Elden missed a deadline to answer the band’s movement to dismiss.
At the time, Judge Fernando M. Olguin dominated Elden had till Jan. 13 to file an amended model.
In the movement to dismiss, Nirvana’s attorneys argued the allegations lacked advantage and smelled like an “absurd” money seize.
They argued Elden’s lawsuit was properly previous the 10-year statute of limitations of one of many legal guidelines used as a reason behind motion, and that one other regulation it cites wasn’t enacted till 2003 and was not retroactive.
“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” Nirvana’s attorneys mentioned.
They argued that Elden had spent his total life “profiting from his celebrity as the self-anointed ‘Nirvana Baby’.”
“He has re-enacted the photograph in exchange for a fee, many times; he has had the album title … tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women,” the attorneys argued.
The defendants named embody surviving Nirvana members Dave Grohl and Krist Novoselic and the property of Kurt Cobain.
In his preliminary grievance, Eden claimed neither he nor his guardians consented to the bare photoshoot and that the band went again on an alleged promise to hide his genitals on the album cowl.