Overview

• U.S. District Judge Fernando Olguin on Tuesday granted summary judgment for the defendants, dismissing Spencer Elden’s lawsuit over the 1991 album cover.
• The court wrote that neither the pose, focal point, setting nor overall context suggests sexually explicit conduct and likened the image to a family bathing photograph.
• Olguin noted Elden has long embraced and profited from the “Nirvana baby” identity through reenactments, memorabilia signings and a tattoo referencing the album.
• The case was previously dismissed on statute-of-limitations grounds in 2022 but was revived in 2023 when the Ninth Circuit said each republication could restart the filing window.
• The suit named Nirvana’s company, Dave Grohl, Krist Novoselic, Courtney Love on behalf of Kurt Cobain’s estate, photographer Kirk Weddle and major labels, and Elden may appeal the ruling.