Spencer Elden, the now-grown-up baby on the cover of Nirvana’s Nevermind album, has lost his lawsuit for the third time.
In August last year, Elden sued the band for possessing and distributing “child pornography,” claiming the album photo made him seem like a “sex worker,” and caused him to suffer “lifelong damages.”
Elden, who’s now 31 years old, was seeking at least $215,000 NZD in damages from each of the band members, Cobain's Estate and others involved in the production of the album.
On Friday (September 3), the U.S District Court ruled that Elden waited too long to issue his lawsuit - meaning the year-long dispute has ended, and Elden is prevented from trying to sue again for the fourth time.
District Court Judge Fernando M. Olguin said:
“In short, “because it is undisputed that [Elden] did not file his complaint within 10 years after he discovered a violation . . . the court concludes that his claim is untimely.”
Even though this is a final conclusion, NME reports that Elden has said he will still indeed appeal it. Again. FFS.
For those who are familiar with this bloke - over the years he’s not only recreated the album cover, but has a tattoo of Nevermind across his chest, and has just milked being the ‘Nirvana baby’ in general.
The fact that Elden “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'” definitely played a part in the lawsuits.
Last year, Grohl was asked by New York about his thoughts on the lawsuit, and he said he hasn’t “spent much time thinking about it.”
“Listen, he’s got a Nevermind tattoo. I don’t,” Grohl said later in the interview.