By K.J. Yossman, Variety | A judge has dismissed the lawsuit filed against the surviving members of Nirvana over the cover image of their iconic album “Nevermind.” Last year, Spencer Elden — the baby pictured naked on the front of the album — sued a number of individuals and companies associated with the record including Nirvana band members Dave Grohl and Krist Novoselic as well as Kurt Cobain’s widow Courtney Love, who is the executor of Cobain’s estate. Elden’s lawsuit claimed the image on the cover was taken and used without his consent and the nudity amounts to an image of child abuse.

As well as Grohl, Novoselic and Love, defendants to Elden’s lawsuit include Cobain, who died in 1994; music managers Guy Oseary and Heather Parry, who manage Cobain’s estate; photographer Kirk Weddle; art director Robert Fisher; Nirvana’s original drummer Chad Channing (who was replaced by Grohl long before “Nevermind” was conceived of and released) and a variety of record companies (including some that are now defunct) that handled the album in some capacity since its release in 1991.

Two weeks ago, the’ attorneys for Grohl, Novoselic, Weddle, Love, Cobain, Nirvana, L.L.C., MCA Records, UMG Recordings, Inc., Universal Music Group, Inc., The David Geffen Company and Geffen Records jointly sought a dismissal of Elden’s lawsuit, stating Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’” and the suit was time-barred.

“Nevermind,” which celebrated its thirtieth anniversary last year, was released in 1991.

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