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Losing the lawsuit over the Nevermind album cover

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Author/Atul K Rawat

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Spencer Elden, the naked infant who appeared on the cover of Nirvana's 1991 album "Nevermind," had filed a case against the band, but a federal judge had previously dismissed it and Nirvana had now prevailed.

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According to Rolling Stone, U.S. District Judge Fernando Olguin once more dismissed the complaint on Friday, citing a 10-year statute of limitations and Elden's excessive delay in filing the motion.

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The lawsuit claims that the famous cover image of a naked Elden, four months old, swimming, contains child pornography and child sexual exploitation.

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Olguin permitted Elden to resubmit the motion earlier this year even though it had already been denied.

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"The court is persuaded that it would be fruitless to allow plaintiff a fourth opportunity to file an amended complaint," Olguin wrote in the decision. "Plaintiff had an opportunity to rectify the defects in his complaint regarding the statute of limitations."

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Elden was said to have sustained "lifelong damages" as a result of the band and others profiting from the well-known photograph of him naked underwater appearing to swim after a dollar bill on a fish hook, according to the lawsuit, which was initially filed in August 2021 in federal court in California.

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A lawyer for Nirvana told Reuters, "We are glad that this meritless litigation has been brought to a swift final resolution."

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According to Rolling Stone, Elden's legal counsel stated that they planned to challenge the decision.

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According to Elden's attorney, who spoke to Rolling Stone, "The 'Nevermind' cover was conceived at a time when Spencer was a baby and it is difficult for him to mature out of this victimisation while his image continues in distribution."

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The lawsuit was submitted well over the 10-year statute of limitations of one of the statutes used as a cause of action, according to Nirvana's attorneys, who also claimed that another legislation it cites wasn't passed until 2003 and wasn't retroactive.

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