A judge has dismissed the lawsuit against Nirvana brought by Spencer Elden, the cover model depicted as an infant on the band’s groundbreaking 1991 Nevermind album.

Elden filed the lawsuit this summer, ahead of the 30th anniversary of the album. He accused everyone involved with the LP of child sexual exploitation, including the band members, the photographer, the graphic artist and the record labels.

In a December 23 hearing, Nirvana’s lawyers pointed out that Elden has recreated the iconic album cover multiple times as an adult and therefore profited “from his celebrity as the self-anointed ‘Nirvana Baby.'”

They argued that the lawsuit was “absurd,” that the statute of limitations had long since expired and asked a judge to finally dismiss the suit.

Judge Fernando M. Olguin officially rejected the lawsuit in a January 3 ruling “with leave to amend.”

Elden’s lawyers have until January 13 to file an appeal. They were seeking $150,000 in damages each from more than 10 defendants.

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