Spencer Elden has filed an amended complaint in his lawsuit against Nirvana, according to Rolling Stone.
As previously reported, the now 30-year-old Elden sued Nirvana last August, claiming that the artwork for the band’s 1991 album Nevermind constituted child pornography. The now-iconic cover features a photo of Elden, then a four-month-old baby, swimming naked underwater while reaching for a dollar bill.
Surviving Nirvana members Dave Grohl and Krist Novoselic, as well as the late Kurt Cobain and his widow, Courtney Love, were named as defendants in the suit.
This past December, lawyers for Nirvana filed to dismiss the suit, arguing that the statute of limitations on Elden’s claims, which also included allegations of sex trafficking, had expired. The dismissal motion also criticized Elden’s suit as “not serious” and “absurd.”
When Elden missed the deadline to respond to Nirvana’s motion, Variety reported that the judge in the case dismissed the suit “with leave to amend,” giving Elden up until January 13 to refile. According to Rolling Stone, Elden submitted his amended complaint late Wednesday, January 12.
Notably, the revised suit drops a sex trafficking allegation, though still maintains that Nirvana “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.”
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