The man who appeared as a naked baby on Nirvana’s “Nevermind” album has filed a new lawsuit alleging the image is child porn — just weeks after a judge tossed his original case.
Spencer Elden, 30, filed the new complaint against Kurt Cobain’s estate and Nirvana’s surviving members in California federal court on Thursday.
The new lawsuit includes a declaration from the album’s graphic designer that Elden’s lawyers argue proves the band and record label, Geffen Records, deliberately sought to display baby Elden’s penis and exploit the image for commercial gain.
Elden claims in the lawsuit that he has suffered “lifelong damages” as a result of having his naked body plastered on the 1991 album cover.
The case was initially thrown out two weeks ago after Elden missed a deadline to respond to the band’s motion to dismiss.
At the time, Judge Fernando M. Olguin ruled Elden had until Jan. 13 to file an amended version.
In the motion to dismiss, Nirvana’s attorneys argued the allegations lacked merit and smelled like an “absurd” cash grab.
They argued Elden’s lawsuit was well past the 10-year statute of limitations of one of the laws used as a cause of action, and that another law it cites wasn’t enacted until 2003 and was not retroactive.
“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” Nirvana’s lawyers said.
They argued that Elden had spent his entire life “profiting from his celebrity as the self-anointed ‘Nirvana Baby’.”
“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.
The defendants named include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain.
In his initial complaint, Eden claimed neither he nor his guardians consented to the naked photoshoot and that the band went back on an alleged promise to conceal his genitals on the album cover.
With Post wires