Elden, who is the baby featured on the iconic Nevermind cover, launched the lawsuit in August 2021 against surviving Nirvana members, Kurt Cobain’s widow Courtney Love, and Nirvana associates claiming the naked image of him was meant to be sexual in nature and “trigger a visceral sexual response from the viewer,” which caused him to suffer “injuries” and “lifelong damages.” Along with seeking monetary compensation, Elden also requested that his image be removed from all future releases of Nevermind.
Dave Grohl and Krist Novoselic, as well Love, filed a motion to dismiss Elden’s lawsuit on December 22nd arguing the suit was “not serious,” filed years after the federal statute of limitations had run out, and stood in stark contrast to Elden’s previous embracement of the cover, which he has voluntarily recreated several times over the years.
“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’,” read the motion. “He has reenacted the photograph in exchange for a fee, many times; he has had the album title ‘Nevermind’ 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.”
Elden and his lawyers had until December 30th to respond to Nirvana’s motion to dismiss. Since he missed the deadline the judge has granted Nirvana’s motion and vacated future hearings.
Elden has the option to refile the lawsuit, but he must do so by January 13th.