In the event that Elden misses the January deadline, the suit will be dismissed and considered closed. 30 deadline to file an opposition motion against the band’s legal request to dismiss the case in December. The ruling stated, “Plaintiff is cautioned that failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order.”Įlden has until Jan. Olguin dismissed the case after lawyers for Elden missed the Dec. The lawsuit also claimed that the image on the cover was taken and used without Elden’s consent and he never received compensation outside of the $200 his parents were given on the day of the shoot with photographer Kirk Weddle.ģ0th Anniversary Edition of ‘Nevermind’ (Photo: Universal Music Enterprises) Throughout the years, Elden has recreated the same photoshoot around the 15th and 20th anniversaries of the album and even has a tattoo of the album title Nevermind on his chest. Elden claimed in the suit that the image left him with “extreme and permanent emotional distress with physical manifestations.”Īttorneys for the Nirvana estate, representing surviving band members Dave Grohl and Krist Novoselic, and Courtney Love, the widow of late frontman Kurt Cobain, who died in 1994, accused Elden of trying to profit from the image for three decades before filing the suit. The photograph on the album cover featured Elden as a baby naked and swimming. In the lawsuit, first filed in a California district court on Aug 23, 2021, Elden claimed the 30-year-old album cover, violated federal pornography laws, and exploited him. Killing Joke guitarist Geordie Walker was said to be upset about the whole situation, and he felt that Nirvana (which according to Walker denied the connection between the songs) handled the matter poorly.A judge has dismissed the lawsuit brought against Nirvana by Spencer Elden, who was featured on the band’s 1991 album Nevermind. Killing Joke were upset over the song, and there were rumors that a lawsuit had been filed over the song, though the suit never materialized. After some persuasion by the management company, Cobain agreed to release "Come as You Are" as the second single because of its commercial potential. Following the album's release, the band and its management company debated whether to release "Come as You Are" or "In Bloom" as the next single from the album due to Cobain's concerns over similarity of the former with the Killing Joke song "Eighties" (1984).
The unexpected success of the album's lead single, "Smells Like Teen Spirit" drew Nirvana to mainstream success, with Nevermind being released two weeks after the single's release. It was the band's second and, to date, last American top 40 hit, and second UK top 10 hit, reaching number 32 on the Billboard Hot 100, and number nine on the UK Singles Chart.
It is the third track and the second single from the band's second studio album Nevermind, released in March 1992. "Come as You Are" is a song by American grunge band Nirvana, written by frontman Kurt Cobain.
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