Nirvana wins dismissal of ‘Nevermind’ naked baby’s lawsuit

Joan Jett (C) performs with Dave Grohl and Krist Novoselic (R) of Nirvana after the band was inducted in the course of the twenty ninth annual Rock and Roll Corridor of Fame Induction Ceremony on the Barclays Middle in Brooklyn, New York April 11, 2014. REUTERS/Lucas Jackson

Sept 3 (Reuters) – Nirvana has gained the dismissal of a lawsuit by a person who claimed his depiction as a unadorned four-month-old child on the duvet of the band’s seminal 1991 album “Nevermind” was baby pornography.

In a choice on Friday, U.S. District Choose Fernando Olguin in Los Angeles stated Spencer Elden waited too lengthy to say Nirvana sexually exploited him, having sued greater than 10 years after studying concerning the cowl.

Different defendants included Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love, a number of file labels and photographer Kirk Weddle.

The lawsuit stemmed from Nirvana’s use of a photograph taken by Weddle in 1991 on the Pasadena Aquatic Middle in California, which depicted Elden swimming bare towards a greenback invoice pierced with a fish hook. learn extra

Elden was interviewed in 2003 at age 12 by Rolling Stone journal concerning the picture, saying he was “in all probability gonna get some cash from it,” and recreated the picture as an grownup in 2016 with “Nevermind” tattooed on his chest.

He nonetheless claimed in his lawsuit, which started in August 2021, that he met the statute of limitations as a result of his accidents together with emotional misery, misplaced incomes capability and “lack of enjoyment of life” continued into maturity.

The choose rejected that argument, saying it could successfully allow Elden to sue Nirvana indefinitely.

“In sum, plaintiff fails to allege that he knew of a violation that occurred whereas he was a minor or an harm that types the idea of the declare inside ten years of submitting this motion,” Olguin wrote.

Elden had filed three variations of his grievance, and Olguin’s dismissal prevents him from submitting a fourth.

A lawyer for Elden didn’t instantly reply on Saturday to requests for remark.

Bert Deixler, alawyer for the defendants, stated: “We’re happy that this meritless case has been dropped at a speedy closing conclusion.”

“Nevermind” options the track “Smells Like Teen Spirit.” Gross sales topped 30 million.

Reporting by Jonathan Stempel in New York; modifying by Diane Craft

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