Nirvana File to Dismiss New 'Nevermind' Baby Lawsuit, Deny Designer's Claim to Smiley Face Logo

Spencer Elden filed an amended suit last month, reiterating his claim that the iconic photograph of him as a four-month-old constitutes child pornography
Nirvana File to Dismiss New 'Nevermind' Baby Lawsuit, Deny Designer's Claim to Smiley Face Logo
The tantrum continues. As previously reported, Spencer Elden — otherwise reluctantly known as the Nevermind baby — refiled an amended lawsuit last month reiterating his claim that the artwork for Nirvana's 1991's Nevermind constitutes child pornography. This came after his original lawsuit was dismissed when Elden's team failed to meet a deadline to respond to a motion for dismissal. 

Now, Nirvana's lawyers are once again filing a motion to have the lawsuit dismissed. According to a Rolling Stone report on the filing, the band's lawyers argue that Elden has been unable to identify any new victimization caused by the image since the last lawsuit was filed: "The time has run. Elden's decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. It is as simple as that… For Elden, this is strike three. This case must end."

Given the flimsiness of Elden's case and the power (and money) of Nirvana's legal team, the dude's amended suit seems a bit like a lost cause. Barring a completely new, separate lawsuit, it looks likely that this will be the end of the road for the ongoing Nevermind baby saga. 

However, even if Elden officially backs down, the band's legal woes might not be totally over, as Robert Fisher — a graphic artist who worked at DGC/Geffen Records when Nirvana were on the label and a defendant for Elden's original lawsuit — is now claiming that he designed Nirvana's famous X-eyed smiley-face logo, which has previously been credited to Kurt Cobain

As reported by American Songwriter, Fisher claims that he came up with the design at the band's request in 1991. A statement from his lawyer claims that Fisher owns an interest in the logo's copyright due to an "implied license" and that the band had been "misattributing the illustration to Kurt Cobain." In a statement replying to Fisher's claims, Nirvana's lawyers said: "In the 30 years since the design's creation and Nirvana's exploitation of it, Fisher never claimed any interest in it." 

Stay tuned for whatever inevitable update is coming 'round the corner in the fast, loose world of '90s rock litigations.