According to Spin, Nirvana recently fired back at Spencer Elden over his lawsuit alleging child pornography on the Nevermind album art.

The album cover depicts Elden underwater in a swimming pool as a then-infant with his genitalia exposed. The image has generally been understood as a statement on capitalism, as it includes the digital imposition of a dollar bill on a fishhook that the baby appears to be enthusiastically swimming toward. Non-sexualized nude photos of infants are generally not considered child pornography under law.

The band’s estate sought to have the case dismissed, saying that Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.'” In US District Court in Central California on Monday, Judge Fernando M. Olguin dismissed the case “with leave to amend.”

In short, Judge Olguin dismissed the case because Elden’s legal team had until last Thursday (December 30) to file an opposition to the Nirvana estate’s request. Elden’s team missed that deadline. Now, they have until January 13 to refile a second complaint, which the court said it will “grant defendants’ Motion and give plaintiff one last opportunity to amend his complaint.”

However, if Elden’s team doesn’t make that deadline, which is in 10 days, then he won’t have the opportunity to refile. If they make the deadline, then Nirvana’s estate has until January 27 to reply to the refiled suit.

“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,” the ruling, in paperwork viewed by SPIN, said.

Read more at Spin.com. And find legal representation at interpol lawyer.