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." In their motion to dismiss, NIRVANA said: " Elden has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby'. Elden's prior suit alleged that the defendants did "knowingly benefit from participation in what they know or should know is a sex trafficking venture." In the amended lawsuit, Elden claims that NIRVANA "intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the 'Nevermind' album, the band, and NIRVANA's music, while earning, at a minimum, tens of millions of dollars in the aggregate." However, the second amended complaint drops a claim related to sex trafficking. However, Elden had the option to refile an amended lawsuit by January 13, which he did. District Court in Central California, dismissed the case after Elden missed his December 30 deadline to file an opposition to the defendants' motion to dismiss. Olguin, who was presiding over the case at the U.S. In December's motion to dismiss, NIRVANA, as well as Kurt Cobain's widow, Courtney Love, had asked the court to throw out the lawsuit, saying Elden's claim that the photograph on the "Nevermind" cover is child pornography is "not serious" and insisting that his claim is "barred by the applicable statute of limitations." Federal child pornography law has a 10-year statute of limitations, beginning when a victim "reasonably discovers" the violation itself or the harm caused by it. He also claimed the image on the cover was taken and used without his consent. Last August, Spencer Elden filed the lawsuit, alleging the photo of the baby reaching for a dollar in a swimming pool violated federal child pornography statutes and arguing child sexual exploitation. Elden's decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. In his ever-shrinking pleading, Elden has now dismissed all but one of the myriad state- and federal-law claims he previously attempted to charge against defendants", the claim adds. NIRVANA says that "no amendment is possible to salvage claim.
In the latest filing in federal court in Los Angeles, lawyers for the group say Spencer Elden's latest complaint filed January 12 should be dismissed with prejudice. According to Rolling Stone, NIRVANA has responded to the second amended lawsuit against the band filed by the man who claims he was the baby featured on the cover of NIRVANA's "Nevermind" album.
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