A US Court of Appeals has revived Spencer Elden's child pornography lawsuit against Nirvana over the iconic 'Nevermind' album cover. The federal appeals court overturned a previous ruling that dismissed the case due to statute of limitations.

Elden, who appeared as a naked baby on the 1991 album cover, claims the image violates federal child pornography laws. The Ninth Circuit Court ruled that each republication of the image, including the 2021 30th anniversary re-release, could constitute a new "injury," effectively resetting the statute of limitations.

Judge Sandra Segal Ikuta stated, "Victims of child pornography may suffer a new injury upon the republication of the pornographic material," aligning with Supreme Court views that each viewing represents a repetition of abuse.

The lawsuit will return to a lower court where Elden must prove the image meets child pornography definitions. Nirvana's attorney Bert Deixler dismissed the case as "meritless" and called the ruling a "procedural setback."

The civil lawsuit names multiple defendants, including:

• Nirvana's corporate entity
• Kurt Cobain's estate
• Dave Grohl
• Universal Music Group
• Various other individuals and companies

Elden's legal team argues that his "true identity and legal name are forever tied to commercial sexual exploitation" from infancy to present day. As a civil action, no criminal allegations have been made against any parties.

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