The new date is Jan 4, 2022.
The man whose picture appears on the Nevermind album cover was given a chance to refile his complaint after a judge dismissed the lawsuit.
The opening of 'In Bloom: The Nirvana Exhibition' is to commemorate the 20th anniversary of the release of the Nevermind album. The photo was taken by Samir Hussein.
The images are from the same company.
Lawyers for Elden missed the December 30 deadline to file a response to the request to dismiss the case, so the lawsuit was dismissed Monday evening.
The case was dismissed with leave to amend, meaning that Elden's lawyers can file a new complaint.
Attorneys representing Elden described the use of the image as a "sex trafficking venture" in their complaint, which named a number of individuals and companies associated with the band.
Robert Lewis, an attorney for Elden, said in a statement to Forbes that his team will file an amended complaint and that they are confident Elden will be allowed to move forward with the case.
Forbes asked lawyers representing Nirvana if they had anything to say.
Lawyers for Elden were given a January 13 deadline to amend their complaint. The lawsuit remains dismissed if Elden's lawyers miss the new deadline. If they refile by the deadline, they will have two weeks to respond to the new suit.
The key background.
The cover of Nevermind shows an infant in a swimming pool with his genitalia exposed. Lawyers for Elden, now 30, claimed the band used the image of him as a nude infant in a swimming pool to market Spencer's child pornography. Attorneys representing several people filed a complaint in December arguing that the case should be dismissed because Elden spent three decades making money from his celebrity.
The baby is still chasing that dollar.
The band's album 'Nevermind' is even more revolutionary than it was in 1991.
