- US court dismissed the complaint on Friday.
- Nirvana had won the lawsuit filed by Spencer Elden.
- He was depicted on the 1991 music album cover for Nevermind.
Nirvana had recently won the lawsuit filed by Spencer Elden, who was depicted on the band’s 1991 music album cover for Nevermind when he was a newborn.
A US court dismissed the complaint on Friday, stating that the 31 year old delayed too long to assert that the band “sexually exploited” him, according to sources.
“Elden’s failure to register his complaint within 10 years of learning of a violation is undeniable. The federal judge said in a statement, “The court concludes that his claim is untimely.
Elden asserted in the complaint that he was a victim of “kid sexual exploitation.”
On the iconic, well-known album’s cover, he claimed to be grasping for a dollar note while naked as a four-month-old baby, which the claimant called a kind of “child sexual abuse.”
Elden’s attorney further asserted that his parents never “got any payment” for this work and that they never “signed the contract.”
The lawyer for Nirvana stated in an interview with media that their clients are “pleased that this meritless action has been brought to a swift definitive conclusion.”
According to Elden’s attorney, Rolling Stone, the applicant “intends to challenge this verdict.”
The band’s attorneys countered that Elden had already “spent three decades earning on the cover,” including by paying someone to recreate the image and selling signed albums on eBay.
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