Mike Bedigan, PA Los Angeles Correspondent
A child sexual exploitation lawsuit filed by the man who featured as a naked baby on the cover of Nirvana’s 1991 Nevermind album has been dismissed by a US judge.
Spencer Elden was four months old when he was pictured in a pool at a swimming centre in Pasadena, California.
Now 30, he alleges that the picture, used by the group on their world-famous album, constitutes child pornography as it shows his genitalia.
But legal documents obtained by the PA news agency show that on Monday US district judge Fernando Olguin dismissed the case after Mr Elden’s lawyers missed the deadline to oppose a motion to dismiss the case made on December 22nd, 2021.
Mr Elden has now been given until January 13th, 2022 to pursue his case and file a second amended complaint.
On the original album cover he was shown naked underwater while appearing to be following a dollar bill being pulled along on a fish hook.
The image has become one of the most famous album covers of all time.
Nevermind, powered by singles including Smells Like Teen Spirit, Come As You Are and Lithium, was a massive critical and commercial success, propelling the grunge band to global stardom.
Mr Elden attempted to sue the group, the photographer who took the picture, their record label and the individual members, including the estate of late Nirvana frontman Kurt Cobain, over the picture and its use.'