The man suing Nirvana on child-pornography charges is pressing forward with lawsuit

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A lawsuit against Nirvana dismissed earlier this month was refiled Wednesday, alleging that the band's use of a naked baby on “Nevermind” amounts to child porn.

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Spencer Elden — who in the past celebrated his role as the naked baby on Nirvana’s ‘Nevermind’ — sues the band, alleging shot is ‘child pornography.’Elden is seeking an injunction on future sales, marketing and distribution, a jury trial and $150,000 from each defendant in damages as well as punitive damages “to deters others” from similar conduct.

In a Jan. 3 order, U.S. District Court Judge Fernando M. Olguin gave Elden and his legal team 10 days to amend his complaint and refile the lawsuit by Thursday. The defendants have until Jan. 20 to respond. Had Elden missed Thursday’s deadline, Olguin said the lawsuit would be dismissed without prejudice.A judge has dismissed a child pornography lawsuit brought by Spencer Elden, who was featured on the band’s ‘Nevermind’ album cover.

It also clarifies that Elden’s case “concerns and seeks damages incurred from the distribution of the image on the album and other paraphernalia over the last 10 years. It therefore is not barred by the 10-year statute of limitations,” Lewis said.Column: Was the baby on the cover of Nirvana’s smash album ‘Nevermind’ exploited? Most definitely

Elden alleged that they “intentionally commercially marketed” his nude photo 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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Desperate for cash. That album cover is Art and pps for a long time we thought that baby was Kurt

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