Nirvana say fresh ‘Nevermind’ cover lawsuit is "strike three"

Virgin Radio

1 Feb 2022, 16:36

The legal proceedings keep rumbling on.

Nirvana's team have hit back at the continuing legal row over the use of a baby on the cover of their famous 'Nevermind' album.

It had looked like it was all coming to a close, but the band are now up against it again.

Lawyers acting for Nirvana have asked a judge to dismiss the second amended complaint filed by the man who appeared on the cover as an infant.

The complaints were filed by Spencer Elden about their 'Nevermind' cover art.

Elden previously sued Nirvana in August last year.

He claimed the band and their ream failed "To take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking”.

His first lawsuit was dismissed last month, however, it didn't end there. Elden was given a deadline of 13 January to pursue the case and file a second amended complaint.

His lawyers now accuse the band of “[leveraging] the lascivious nature of his image” to promote Nevermind “while earning, at a minimum, tens of millions of dollars in the aggregate”.

Elden would “continue to suffer damages as long as the violations described above persist”, the lawsuit continued.

Nirvana's lawyers are now moving for this amended complaint to be dismissed without prejudice.

If granted, it would mean he would not be able to refile again.

“For Elden, this is strike three. This case must end,” the lawyers wrote..

“The time has run. Elden’s decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. It is as simple as that.”

The proceedings continue.