Los Angeles, California - A lawsuit accusing rock band Nirvana of child pornography because of the band’s Nevermind album cover, which features a nude baby, has been dismissed.

Lawyers representing Spencer Elden, who was the baby on the cover of the 1991 album, Nevermind, missed a deadline to respond to a recent filing by Nirvana.

This left Judge Fernando M. Olguin with no other choice but to dismiss the case, according to SPIN magazine.

Elden’s legal team can file another complaint by January 13, as the lawsuit was dismissed, "with leave to amend."

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The lawsuit was originally filed by Elden in August, claiming, "[The] broad distribution of Spencer’s child pornography has caused him severe harm, including physical, emotional, reputational and financial harm."

It also claims Elden, who is now 30, and his guardians never, "Signed a release authorizing the use of any images of Spencer or of his likeness."

Nirvana’s legal team then asked for the lawsuit’s dismissal in December.

In the court filing to dismiss the lawsuit, lawyers representing former Nirvana band members stated, "[Elden] has re-enacted the photograph in exchange for a fee, many times. He has had the album title, Nevermind, tattooed across his chest."

The filing continued, "He has appeared on a talk show wearing a self-parodying, nude-colored 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."

Elden’s lawyers had until December 30 to respond to that filing, but their failure to do so resulted in the dismissal.

Nevermind was the second studio album released by Nirvana, an influential grunge band that featured late singer and guitarist Kurt Cobain, bassist Krist Novoselic, and drummer Dave Grohl.