The judge gave Elden's lawyers until Jan. 'He has reenacted the photograph in exchange for a fee, many times he has had the album title Nevermind tattooed across his chest he has appeared on a talk show wearing a self parodying, nude-coloured onesie he has autographed copies of the album cover for sale on eBay and he has used the connection to try to pick up women.' Plaintiff may file amended complaint 'Elden has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby,' ' the document says.

The motion says the lawsuit is 'on its face, not serious,' and Elden's conduct reflects that. 22 by Nirvana's lawyers argued that the suit was filed well past the 10-year statute of limitations of one of the laws used as a cause of action, and that another law it cites wasn't enacted until 2003 and was not retroactive. The lawsuit, filed in August in federal court in California, said that Elden had suffered 'lifelong damages' as the band and others profited from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook.

TIMELINE | Nirvana's rise in 1989 to Cobain's death in 1994.Naked baby from Nevermind album cover sues Nirvana for 'child pornography'.

Nirvana nevermind cover image