Nirvana 'Nevermind' Cover Lawsuit Pushed to 2022 as Spencer Elden Plans Amended Complaint
The lawsuit between Nirvana and Spencer Elden over the iconic Nevermind album cover has been delayed until January 2022, as new developments unfold in the controversial case.
Empty courtroom with judges bench
Spencer Elden, who appeared as a naked baby on Nirvana's 1991 Nevermind album cover, filed a lawsuit against Universal Music, surviving Nirvana members, and others involved in the album's creation. The 30-year-old plaintiff claims the image constitutes commercial child pornography and has caused him "permanent harm," including emotional distress and loss of income.
The case has taken an unexpected turn with the emergence of an "intervenor defendant." Currently, most defendants have yet to be served, and Elden's legal team is preparing an amended complaint due by November 22nd. The defendants will have until January 21st, 2022, to respond to the updated action.
Despite attempts at mediation, no settlement has been reached. Elden, who previously recreated the photo as an adult and has "Nevermind" tattooed on his chest, seeks "all profits and unjust enrichment" from the album, which has sold over 30 million copies worldwide.
The legal team will now be permitted to serve defendants via email, streamlining the process moving forward. This development comes as Nirvana recently saw the dismissal of a separate copyright infringement lawsuit regarding band merchandise.
Kurt Cobain's blue Fender guitar displayed
Naked baby swimming in pool, Nevermind