#Nirvana nevermind cover back trial#

#Nirvana nevermind cover back trial#

“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter,” Eden’s complaint said.According to Rolling Stone, the man who claims he was the baby featured on the cover of NIRVANA's 'Nevermind' album has refiled his lawsuit against the band, a little over a week after a judge dismissed his initial complaint. In his initial complaint, Eden - who was 4 months old at the time of the 1991 underwater photo - claimed neither he nor his guardians consented to the naked photoshoot.Įden claimed the band went back on an alleged promise to conceal his genitals on the album cover - and the band intentionally “leveraged the shocking nature of his image to promote themselves and their music at his expense.” Elden claimed Nirvana went back on a promise to conceal his genitals on the album cover. The lawyers who filed the motion represent Nirvana’s surviving members, Dave Grohl and Krist Novoselic Kurt Cobain’s widow, Courtney Love and Kirk Weddle, the man who photographed the cover image. Above, Elden poses in the iconic shot at age 17. The band’s lawyers argued that Elden has recreated the image many times, often for a fee. “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 lawyers argued. Nirvana’s legal team also argued that Eden had previously cashed in on being the “Nirvana baby.” They added that anyone who had a copy of the album would “on Elden’s theory guilty of felony possession of child pornography.”

“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” Nirvana’s lawyers said. Elden filed a suit against the estate of Kurt Cobain and Nirvana’s surviving members, Dave Grohl and Krist Novoselic, last year.

In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Elden’s allegations lacked merit and smelled like an “absurd” cash grab. If he misses the deadline, the case will be dismissed without prejudice and closed. The judge dismissed the case “with leave to amend” - meaning Elden and his lawyers have until Jan. 30 deadline to file a response to Nirvana’s motion to dismiss. Olguin threw out the case late Monday after Elden missed his Dec. Spencer Elden, now 30, filed the lawsuit against against Kurt Cobain’s estate and Nirvana’s surviving members last year - accusing them of sexual exploitation and child pornography.Įlden claimed the artwork constituted child sexual abuse and that he’d suffered “lifelong damage” from having his naked body plastered on the album cover.įederal Judge Fernando M. The surprising truth about Kurt Cobain and Courtney Love’s marriageĪ California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album “Nevermind.”

Kurt Cobain’s ‘Smells Like Teen Spirit’ guitar could nab $800K at auctionīen Shapiro calls Biden ‘Kurt Cobain of politics’ in gruesome suicide reference No apologies: Judge tosses ‘Nevermind’ baby’s child porn case against Nirvana