The album cover of ‘Nevermind’ features a naked four-month-old baby underwater trying to grab a dollar that is suspended on a fish hook. Spencer Elden, who was featured on the cover, sued the band and Universal Music Group in 2021. He said that the cover caused him “continuing personal harm.”

Last year, US District Judge Fernando Olguin said that the lawsuit should be dismissed because Elden had not sued the band within 10 years of finding out about the cover. With this revival of the case, Elden’s attorney Robert Lewis said that Elden is pleased with the decision of the court and is looking forward to having his story heard. On the other hand, Nirvana’s attorney Bert Deixler said that this development does not change their view.

The Ninth US Circuit Court of Appeals overturned the decision that Elden did not file a lawsuit in that 10-year time frame. However, it did not address whether the image constitutes child sexual abuse. While most defendants have deceased, the others include the surviving members of the band – Krist Novoselic and Dav Grohl. Kurt Cobain’s wife, Courtney Love, and photographer Kirk Weddle, who had clicked the picture, are also a part of the defendant list.

The American rock band Nirvana was founded by Kurt Cobain and Krist Novoselic in 1987. In 2023, the band was awarded the Lifetime Achievement Award at the Grammy Awards.