The lawsuit that 31-year-old Spencer Eldon brought against the members of the legendary Seattle grunge band Nirvana ended with his claim being dismissed at the last resort.
We recall that Spencer Eldon filed a lawsuit against the group in 2021. The Seattle band’s iconic album features Spencer Eldon himself as a baby. In the photo, baby Eldon swims naked in a pool with a dollar bill attached to a fishing hook.
The lawsuit, which the plaintiff began in 2021, was over his claims that his appearance on the Nevermind album cover was child pornography and child sexual abuse. Accused were the two living members of Nirvana – Dave Grohl and Chris Novoselic, Kurt Cobain’s widow – Courtney Love, and the photographer of the album Kirk Weddle.
Spencer Eldon asked for $150,000 in damages.
The judge’s arguments in the case were that the claimant missed the statute of limitations (which is 10 years). Despite Eldon’s claims that he has cause to sue now because his presence on the cover of Nevermind (in 1991) has caused him suffering and lost profits, the court ruled in Nirvana’s favor.
Nevermind is the most iconic grunge album in rock music history. To date, it has sold over 30 million copies worldwide, making Nirvana one of the best-selling bands in the world.
Spencer Eldon has said he will take Nirvana to court again, but the US press has commented that his legal options are effectively exhausted because he would not be able to file a second suit after the ruling.