Nirvana has settled a lawsuit filed by Spencer Elden, the naked baby on the album's cover. 1990 album "Nevermind," after the federal judge dismissed the case for a final hearing.
The court ruled on Friday that U.S. District Judge Fernando Olguin dismissed the lawsuit in a lengthy eight-page decision that stated
that Elden was waiting for too long before filing the lawsuit according to the 10-year statute of limitations, according to Rolling Stone.
The lawsuit claims that the cover with the iconic image of four-month-old Elden swimming naked is child pornography as well as child sexual exploitation.
The case was dismissed prior to however Olguin permitted Elden to reconsider the lawsuit earlier in the year.
"Because the plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations,
Nirvana wins album cover lawsuit
the court is persuaded that it would be futile to afford the plaintiff a fourth opportunity to file an amended complaint," Olguin declared in his decision.
The suit, which was first made in the month of August, 2021, in a the federal court of California The lawsuit claimed that Elden suffered "lifelong damages"
as the band and others made money from the ubiquity of him naked in the water looking like he was swimming after an unpaid dollar bill on an unhooked fish.
"We are pleased that this meritless case has been brought to a speedy final conclusion," an attorney for Nirvana said to Reuters.