Overview

• U.S. District Judge Fernando M. Olguin granted summary judgment for the defendants on Sept. 30, dismissing Spencer Elden’s case.
• The order states the underwater baby photo is analogous to a family bathing picture and lacks sexually explicit conduct.
• The court pointed to Elden’s re‑creations of the image, sales of autographed memorabilia, and a “Nevermind” tattoo as inconsistent with his claimed harm.
• Defendants included Dave Grohl, Krist Novoselic, Courtney Love as executor of Kurt Cobain’s estate, photographer Kirk Weddle, and multiple record labels.
• After a 2023 Ninth Circuit revival on republication grounds, the case is now dismissed on the merits, and Elden retains the option to appeal.