A judge has dismissed the lawsuit filed against the surviving members of Nirvana over the cover image of their iconic album “Nevermind.” Earlier this year, Spencer Elden — the baby pict…
sued a number of individuals and companies
As well as Grohl, Novoselic and Love, defendants to Elden’s lawsuit include Cobain, who died in 1994; music managers Guy Oseary and Heather Parry, who manage Cobain’s estate; photographer Kirk Weddle; art director Robert Fisher; Nirvana’s original drummer Chad Channing and a variety of record companies that handled the album in some capacity since its release in 1991.
, stating Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’” and the suit was time-barred.On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in Central California, dismissed the case after Elden missed his deadline to file an opposition to the defendants’ motion to dismiss.However, Judge Olguin’s dismissal was made “with leave to amend.
If Elden does refile by Jan. 13, the defendants’ lawyers will have a further two weeks to file a reply to the new suit.
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