Kurt Cobain of the band Nirvana performing in Seattle on Dec. 13, 1993. (AP / Robert Sorbo)
Nirvana has urged a U.S. choose to dismiss for good the lawsuit by the person claiming that his depiction as a unadorned four-month-old child on its 1991 album "Nevermind" was little one pornography.
In a submitting in Los Angeles federal court docket, the band mentioned Spencer Elden waited too lengthy to say it sexually exploited him, dooming the third and newest model of his criticism.
"Whereas there isn't any severe query that the photograph just isn't 'little one pornography,' Elden's case is lengthy barred by the statute of limitations," the band's attorneys wrote. "For Elden, that is strike three. This case should finish."
A lawyer for Elden didn't instantly reply on Tuesday to requests for remark.
The "Nevermind" album cowl depicted Elden swimming bare towards a greenback invoice pierced with a fish hook.
Elden has mentioned the photograph triggered him "lifelong damages" whereas letting Nirvana reap tens of tens of millions of dollars at his expense.
"Nevermind," which options the music "Smells Like Teen Spirit," had album gross sales topping 30 million.
Elden's newest criticism included particulars he hoped would present he filed the August 2021 lawsuit inside the federal 10-year statute of limitations.
However Nirvana's attorneys mentioned Elden didn't determine any "new victimization ... which he moderately found for the primary time after August 2011 to re-start the clock."
They quoted from a 2003 interview with Rolling Stone journal during which Elden, then 12, mentioned: "Each 5 years or so, someone's gonna name me up and ask me about 'Nevermind' ... and I am most likely gonna get some cash from it."
The defendants embody Nirvana band members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain's widow Courtney Love, a number of report labels and the photographer, Kirk Weddle.
A listening to earlier than U.S. District Choose Fernando Olguin is scheduled for Feb. 24.
(Reporting by Jonathan Stempel in New York; Modifying by Invoice Berkrot)
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