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Last August, 30-year-old Spencer Elden filed a lawsuit against iconic ’90s grunge band Nirvana for the cover of their second album Nevermind just before it celebrated its’ 30th anniversary. Elden was the naked baby featured on the infamous record cover in 1991 and decades later was claiming “sexual exploitation” and “child pornography” for wrongly using the photo. The past thirty years Elden has been profiting from his baby fame and has also recreated the photo as an adult for multiple photoshoots.

However, Elden missed the deadline of December 30th to file an opposition so the case has been dismissed. He does have another chance to amend a complaint against the band by January 13th. This will be his last chance to make the deadline.

Watch Nirvana perform In Bloom live in 1992 here: