U.S. Judge Rejects Spencer Elden’s Renewed ‘Nevermind’ Lawsuit, Ending Nirvana Case

Overview

• U.S. District Judge Fernando Olguin issued the ruling on October 2 in the Central District of California.
• The opinion said neither the pose, focal point, setting nor overall context suggests sexually explicit conduct, likening the image to a family bath photograph.
• The judge noted Elden had profited from the image by recreating the photo, selling autographed memorabilia and embracing the “Nirvana baby” identity, which undercut claims of severe harm.
• Elden first sued in 2021; after two dismissals, the Ninth Circuit revived the case in December 2023 on a republication theory before the new rejection.
• Nirvana’s attorney Bert H. Deixler welcomed the decision as clearing his clients of false accusations, while Elden’s counsel did not immediately comment.