The 31-year-old claimed that his appearance on the Nevermind album cover was child pornography and child sexual abuse. However, according to the judge, he was too late with his claim that he had been exploited.
Mr Eldon’s legal options are almost exhausted as he cannot re-file the case, although his legal team has told US media it will appeal the decision.
The lawsuit was over a photo of Eldon as a baby swimming naked in a pool with a dollar bill attached to a fishing hook.
He claims he could not have consented to the use of the photo and is seeking damages of USD 150,000 (GBP 130,000).
The defendants include photographer Kirk Weddle, as well as former Nirvana members Dave Grohl and Chris Novoselic, and Courtney Love, the widow of the late singer Kurt Cobain.
The band Nirvana has asked a US judge to finally dismiss the appeal of the man whose nude baby picture was put on the cover of…
Eldon filed his lawsuit in 2021, claiming he still has the right to file a complaint against the decades-old image because it continued to cause him suffering and lost benefits well into adulthood.
The claim was dismissed and then re-filed in January this year.
But the Los Angeles judge ruled that Mr. Eldon filed his lawsuit well after the 10-year statute of limitations had expired.
Welcoming the verdict, the defendants’ lawyer said the case was “without merit”.
Worldwide sales of Nevermind exceeded 30 million, making it one of the best-selling albums of all time