Nevermind is one of the most famous albums of all time by one of the greatest bands of all time. Nirvana‘s sophomore album stood the test of time and was never taken out of rotation — today, it still pops back up on the charts, gets radio play and is often credited for influencing modern acts. Aside from its deep tracklist, the record became famous for its cover art that featured a four-moth-old naked baby swimming toward a dollar bill.

Spencer Elden subsequently became famous as the “Nevermind Baby,” but that one photograph began haunting him as he grew older. Back in August 2021, he filed a child pornography lawsuit against Dave Grohl, Krist Novoselic, Courtney Love, Universal Music Group and photographer Kirk Weddle. Following the case’s dismissal in September, 31-year-old Elden has now appealed it.

He has alleged that Nirvana was engaging in a “sex trafficking venture,” intending to “trigger a visceral sexual response from the viewer.” When the defendants successfully filed a motion to dismiss the suit in December 2021, Elden refiled weeks later. The suit was then dismissed in a “final conclusion” this September.

Spin reported that Elden’s legal team made a new filing with California’s Ninth Circuit Court of Appeals, claiming that the presiding judge ruled in error that a statute of limitations applies to the case since Elden continues to suffer from the photo. This filing invokes Masha’s Law, which states that victims of child pornography can seek financial damages regardless of the statute of limitations.

“Courts have repeatedly held that distribution of child pornography infringes a victim’s dignity interests no matter the victim’s age at the time of distribution,” the appeal reads, subsequently alleging that frontman Kurt Cobain “described his twisted vision for the Nevermind album cover as a manifestation of his emotional and sexual disturbances” in “several journal entries.”

It then states that Elden “is aware that Appellees are commercially exploiting the frontal nude image of him as a four–month–old child to sell a[n] album to millions of people (many of whom he does not know) around the world. This understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction. Although this remedy will not rid the world of his sexualized image, it will provide him the means to get mental health treatment and give him the benefit of knowing that the distribution and repeated violation of his privacy by Appellees will finally stop.”

Prior to his current stance, Elden embraced the Nevermind album cover. For the record’s 25th anniversary in 2016, he even recreated the shoot. (Consequence)