October 2025 — The U.S. District Court for the Central District of California yesterday granted summary judgment in favor of Kendall Brill & Kelly LLP clients Nirvana, Universal Music Group, and other defendants, dismissing with prejudice a lawsuit challenging the rock band’s iconic Nevermind album cover.
The lawsuit was brought by Spencer Elden in 2021, who alleged that the band’s 1991 album cover image constituted child pornography, despite having recreated the photo multiple times as an adult.
The Kendall Brill & Kelly LLP (KBK) team consisting of Counsel Bert H. Deixler and Partners Nary Kim and Jeffrey M. Chemerinsky, along with Associates Tia S. Baheri and David T. Freenock, represented the defendants in the successful dismissal of the high-profile lawsuit. The team obtained dismissals of First and Second Amended Complaints in 2022, and after the Ninth Circuit revived the case on appeal in 2023, the team again moved for dismissal – this time at summary judgment.
On September 30, 2025, Judge Fernando M. Olguin granted that motion, ruling that the Nevermind cover is “unequivocally non-sexual” and cannot constitute child pornography as a matter of law. The Court explained that aside from nudity, none of the factors used to evaluate lascivious images applied, and nudity alone is not enough to sustain Elden’s claims.
“We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations.” said Kendall Brill & Kelly LLP Counsel Bert Deixler.
This case drew widespread attention due to the cultural significance of the Nevermind album and its cover art. The case number is CV 21-6836 FMO (AGRx).