A judge has dismissed the latest lawsuit against Nirvana over the band's album cover which showed a man naked as a baby.
Spencer Elden claimed his appearance on the front of the iconic 1991 Nevermind recordconstituted child sexual abuse.
He filed a lawsuit against late frontman Kurt Cobain’s estate and the band’s surviving members.
Now 31, he said the infamous image had caused him "extreme and permanent emotional distress" as well as loss of wages and "enjoyment of life”.
Last year, was claiming damages for being “exploited as a minor”
Mr Elden was told in January that the case has been thrown out but he refused to quit and returned to court.
But the judge said he had left it too late after appealing the ruling.
The lawsuit focused on a photograph of Mr Elden, which depicted him swimming naked in a pool towards a dollar bill pierced with a fish hook.
He argued that he had been unable to consent to the photo being used. He was seeking $150,000 (£130,000) in damages.
The original photo was taken by Kirk Weddle, a friend of the complainant's dad.
The image, which Cobain, who shot himself in 1994, picked out, was taken in 1990 at the Pasadena aquatic centre when Mr Elden was four months old.
In 2016, he gave an interview to make the album's 25th anniversary.
He said: "It's cool but weird to be part of something so important that I don't even remember.
"It's strange that I did this for five minutes when I was four months old and it became this really iconic image."
Nevermind was Nirvana's most successful album, selling more than 30 million copies.
The artwork is widely considered as one of the greatest album covers of all time.
