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Spencer Elden, the plaintiff, maintained in an
amended complaint filed on Wednesday in Los Angeles that the
"lascivious nature of his image" amounted to "child pornography"
that helped the band reap tens of millions of dollars at his
expense.
Nirvana drummer Dave Grohl and bassist Krist Novoselic; Courtney
Love, the widow of Nirvana lead singer Kurt Cobain; several
record labels, and photographer Kirk Weddle are among the 10
defendants. Elden is seeking at least $150,000 from each.
Lawyers for the defendants did not immediately respond on
Thursday to requests for comment.
The "Nevermind" cover art depicted Elden, then four months old,
swimming naked toward a dollar bill pierced with a fish hook, an
image Elden has said caused him "lifelong damages."
Elden filed his amended complaint nine days after U.S. District
Judge Fernando Olguin dismissed an earlier version because Elden
had not responded to the defendants' dismissal motion.
The latest complaint includes a declaration from art director
Robert Fisher, describing a stock photo he used for a mockup for
the "Nevermind" cover that depicted a different baby and did not
show his penis.
Elden said the band decided to create its own photo to save
money, with Cobain sardonically suggesting that the cover
include a warning sticker saying: "If you're offended by this,
you must be a closet pedophile."
Fisher was dismissed as a defendant last month.
Elden's lawsuit no longer accuses Nirvana of violating a 2003
federal law against child sex trafficking, after the defendants
said that law could not be applied retroactively.
"Nevermind" features Nirvana's signature song "Smells Like Teen
Spirit," and its worldwide sales exceed 30 million. Grohl now
leads the band Foo Fighters. Cobain died in 1994.
(Reporting by Jonathan Stempel in New York; Editing by Bill
Berkrot)
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