Nirvana Baby: Spencer Elden who was pictured on Nevermind album as infant has lawsuit dismissed

A man, who was featured on the front cover of Nirvana’s iconic Nevermind album as a baby, has had his lawsuit against the Seattle band dismissed by a judge.

Spencer Elden appeared on the front of Nevermind as a baby.

Spencer Elden, now 31, had claimed that his appearance on the front of the Nevermind album amounted to child sexual abuse.

The 1991 record catapulted the grunge rockers to international stardom, inspiring countless artists and bringing worldwide attention to the alternative music genre.

The cover featured the naked baby swimming under water while chasing a dollar on a hook,

Elden has previously appeared in the media, including on a 2012 episode of BBC’s Never Mind The Buzzcocks, where he featured as a member of the ID Parade, where contestants picked him out of a line up.

Lawyers called for the dismissal on behalf of surviving Nirvana members Dave Grohl and Krist Novoselic; along with Kurt Cobain's widow Courtney Love, and Kirk Weddle who took the original photo.

Lawyers said: "Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious.”

They also added that Elden had previously appeared to dine out on being the Nevermind baby.

According to the BBC, the lawyers were reported as saying: "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-coloured onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women."

Judge Fernando M Olguin dismissed the case, though Elden is expected to appeal.