Lawyers acting for Nirvana have asked a judge to dismiss the second amended complaint filed by Spencer Elden over their Nevermind cover art.
Elden, who appeared on the artwork for the band’s second album when he was a baby, initially sued Nirvana in August last year for “[failing] to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking”.
After that lawsuit was dismissed by a judge last month, Elden was given a deadline of 13 January to pursue the case and file a second amended complaint.
Lawyers acting on behalf of Elden are now accusing former members of the band of “[leveraging] the lascivious nature of his image” to promote Nevermind “while earning, at a minimum, tens of millions of dollars in the aggregate”.
Elden would “continue to suffer damages as long as the violations described above persist”, the lawsuit continued.
Rolling Stone reports that Nirvana’s lawyers are asking for Elden’s amended complaint to be dismissed without prejudice, meaning he would not be able to refile again.
“For Elden, this is strike three. This case must end,” the lawyers wrote in their motion.
“The time has run. 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. It is as simple as that.”
The Independent has contacted Elden’s legal representative for comment.
