Rock band Nirvana is back in the court room over their iconic 1991 album cover

A U.S. judge has dismissed a lawsuit against rock band Nirvana for alleged child sexual abuse.

Spencer Elden is the baby depicted on the cover of the ‘Nevermind’ album, which shows him swimming towards a dollar bill pierced with a fish hook.

He believes he didn’t consent to the picture being used and wants $150,000 in damages.

At the time, his parents received $200 for the photo.

But a judge found the 31-year-old has waited too long to claim he had been exploited by the band.

This means Elden’s legal road has been exhausted and he will be unable to refile the case. However, his legal team says he will appeal the ruling.

He believes the album cover has caused him distress, and led to financial loss as an adult.

The album’s photographer Kirk Weddle was among the defendants in the case. Dave Grohl and Krist Novoselic also made courtroom appearances.

They argued Elden had re-enacted the photograph in later life, and “enjoyed” being the Nirvana baby.

Nevermind sales surpassed 30 million, which made it one of the best-selling albums of all time.