The lawsuit filed last year by Spencer Elden, the naked baby featured on the cover of Nirvana's 1991 album, Nevermind, has been dismissed by a judge after Elden and his attorneys “failed to respond to a motion to toss the entire thing filed by the defendants … a deadline for which had been set on Dec. 30,” according to TMZ.
Elden sued the band as well as Kurt Cobain's estate for child sexual exploitation because he couldn't consent to his image being used on the album art since he was only four months old at the time. He also said that his legal guardians didn't consent to it either.
Elden also claimed that the image is child pornograpy, adding that the band made a promise to cover his genitals with a sticker but it was never incorporated on the album cover, which has caused him to suffer lifelong damages.
Elden was asking for at least $150,000. He now has until January 13th to submit an amended complaint if he wants to proceed.
