Spencer Elden, the naked child whose picture was used as the cover photo of Nirvana‘s iconic album Nevermind has decided to refile a lawsuit against the band after a federal judge in California dismissed the claims earlier this month.
Calling the cover “child pornography,” Elden refiled the case late Wednesday to Judge Fernando M. Olguin.
Elden lost the previous trial after he was unable to attend the motion to dismiss filed by the band last month. Elden has dropped a claim of sex trafficking in his revised lawsuit.
However, Elden claims that the photographer, Kurt Weddle, “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.”
“There is no doubt that Elden’s claims will fail on the merits,” the band’s lawyers said, claiming that too much time has passed since the release of the album for Elden to sue.
The motion to dismiss filed by the band argued that Elden has sold signed copies of the album and has reenacted the same photograph for paid gigs, making any psychological damage claimed by the now-30-year-old meaningless.
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