A judge has dismissed a lawsuit brought against Nirvana by the man who appeared on the cover of their album Nevermind as a baby.

Spencer Elden filed a lawsuit in August, accusing the group of violating federal pornography laws and exploiting him because an image of him swimming naked as a baby was featured in the artwork. 1991 record art.

According to the editors of Spin magazine, Judge Fernando M Olguin dismissed the case “with leave to vary” in California district court on Monday.

He ruled that Elden’s lawyers had missed the deadline to file a motion to oppose the late group’s legal team’s request to dismiss the case, which was filed in December. Elden has until January 13 to file his complaint.

The 30-year-old claimed he was a victim of child sexual exploitation and that the cover was an image of child sexual abuse which caused him “extreme and permanent emotional distress with physical manifestations. “. He also claimed that he suffered loss of education, wages and “enjoyment of life”.

Estate attorneys for the group, which represents surviving members Dave Grohl and Krist Novoselic, as well as Courtney Love, widow of late frontman Kurt Cobain, accused Elden of “taking advantage” of the image for decades before file a complaint.

Kirk Weddle, the cover photographer, was also cited as an accused.

Their dismissal request said the plaintiff had “spent three decades enjoying his fame as the self-proclaimed ‘Nirvana Baby’, citing his recreation of the image on the album’s 15th and 20th birthdays.

They also alleged that he had the album title tattooed on his chest, claiming the statute of limitations expired over ten years ago because Elden had long known the work.

Elden’s description of the image as child pornography was also branded as “false” because it would mean that anyone in possession of the album would technically be in possession of an illegal image of a child.