A judge dismissed the case in December but gave Elden a new deadline to refile.
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Spencer Elden's lawsuit over Nirvana's Nevermind album cover, on which he appeared naked as a 4-month-old in 1991, just isn't going away.

The now-adult Elden has filed a new version of the case, which accuses the band and Geffen Records of profiting off child pornography, reports the Associated Press.

A judge had dismissed the suit in December after Elden missed a court deadline to oppose the defendants' motion to dismiss it. But he ordered the dismissal "with leave to amend" and left Elden with a new deadline of Jan. 13 to refile, which he now has.

Nevermind by Nirvana
Spencer Elden, the 'Nevermind' cover baby all grown up, is refiling his suit against Nirvana.

The new complaint includes a declaration from the album's graphic designer, the AP reports. Elden's lawyers argue this demonstrates how Nirvana and the label sought to display baby Elden's penis and exploit the image for commercial gain.

The initial suit was filed in August in a California court in which Elden alleged the photograph of him was not taken with his consent and that the Nevermind album cover constitutes as child pornography.

Named as defendants are former Nirvana members Dave Grohl, Krist Novoselic, and Chad Channing; Kurt Cobain's widow, Courtney Love, and two other managers of his estate; photographer Kirk Weddle and art director Robert Fisher; and Geffen Records, Warner Records, and Universal Music Group.

Nirvana
Nirvana photographed in Japan
| Credit: Gutchie Kojima/Shinko Music/Getty Images

Lawyers for the defendants had jointly filed a motion to dismiss the case in December. They argued the suit was time-barred and that Elden "spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby.'"

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