Olguin threw out the case Monday after plaintiff Spencer Elden missed the Dec. Elden’s lawsuit had claimed the image is child pornography, and he and his parents never had the ability to authorize the use of his image or his likeness, causing him to suffer from its distribution.Ī California judge dismissed a lawsuit brought against living members of the band Nirvana and additional defendants in regards to the cover of the band’s album, “Nevermind.”įederal Judge Fernando M.Spencer Elden, who filed the lawsuit, is the subject of the band’s iconic “Nevermind” album cover, which features the then 4-month-old Elden swimming naked underwater toward a dollar on a fishhook.A California judge dismissed a lawsuit on Monday brought against living members of the band Nirvana and additional defendants.
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