The man who appeared as a naked baby on Nirvana’s “Nevermind” album has filed a new lawsuit alleging the image is child porn — just weeks after a judge tossed his original case.
Spencer Elden, 30, filed the new complaint against Kurt Cobain’s estate and Nirvana’s surviving members in California federal court on Thursday.
The new lawsuit includes a declaration from the album’s graphic designer that Elden’s lawyers argue proves the band and record label, Geffen Records, deliberately sought to display baby Elden’s penis and exploit the image for commercial gain.
Elden claims in the lawsuit that he has suffered “lifelong damages” as a result of having his naked body plastered on the 1991 album cover.
The case was initially thrown out two weeks