A Los Angeles man pictured as a naked baby 30 years ago on the cover of the multimillion-selling Nirvana album Nevermind has refiled his lawsuit against the grunge-rock trio under a federal statute which allows victims of child pornography to recover damages for violations of child porn laws, according to documents obtained today.Spencer Elden, 30, alleges that the now-defunct group, various record companies and art directors caused him to suffer “lifelong damages” by “trafficking” his image worldwide.The suit was dismissed Jan.
3 after a judge found he had missed a deadline, but was given a chance to amend his complaint and refile within 10 days. The suit was lodged with Los Angeles federal court on Wednesday.According to the lawsuit, defendants “knowingly produced, possessed and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so…Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”Elden’s parents never signed a release authorizing the use of the photos taken of the 4-month-old baby in a Pasadena aquatic center in 1990, the suit alleges.But defendants including Courtney Love, executor for the estate of late Nirvana leader Kurt Cobain argued in their court papers that Elden seemed to enjoy being the “Nirvana baby” and even has a Nevermind tattoo.“He has re-enacted the photograph in exchange for a fee, many times; he has had the album title…tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up
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