No apologies in Nirvana baby lawsuit

Did the man who alleged the band Nirvana used his baby photo on the cover of one of the rock band’s most celebrated albums without his permission say “nevermind” to his lawsuit?

Maybe. A U.S. District Court judge dismissed the suit Monday because the plaintiff failed to file an opposition to the band’s estate’s motion to dismiss the suit, arguing that Spencer Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'” on the cover of Nirvana’s “Nevermind” album, SPIN magazine reported.

In addition to alleging Mr. Elden — who famously has the word “Nevermind” tattooed on his chest — benefited from his celebrity, the band’s estate said that the statute of limitations for the suit expired over a decade ago. The band also said allegations of child pornography are unfounded.

“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” the band’s filing states. “A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear.”

Mr. Elden has until Jan. 13 to refile his suit.