Spencer Elden's lawsuit against Nirvana has been dismissed.
Elden - who was four months old when he was photographed naked in a swimming pool reaching out for a dollar bill on a fishing line for the band's 1990 'Nevermind' album - sued the group last year for alleged sexual exploitation while claiming the cover constitutes child sex abuse.
Lawyers representing surviving band members Dave Grohl and Krist Novoselic - as well as Kurt Cobain's widow Courtney Low and photographer Kirk Weddle - filed the motion last month.
Elden's team were given until December 30 to respond but missed the deadline, which led to Judge Fernando M Olguin dismissing the case "with leave to amend", which gives them until January 13 to refile with appropriate changes.
Nirvana's lawyers had filed to dismiss and said the 30-year-old's arguments - including claims the artwork caused him "extreme and permanent emotional distress" plus loss of wages and "enjoyment of life" - lacked merit.
They added: "Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious."
They said that anyone owning a copy of the record would "on Elden's theory [be] guilty of felony possession of child pornography".
Their lawyers continued: "He has re-enacted the photograph in exchange for a fee, many times; he has had the album title... tattooed across his chest; 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."
As well as "extreme and permanent emotional distress", he also claims to have faced "interference with his normal development and educational progress" and received "medical and psychological treatment".
The LP is one of the band's most iconic records, and boasting the hit singles 'Smells Like Teen Spirit' and 'Come As You Are'.
In the past, Elden has recreated the cover both as a teenager and an album - while wearing swimming trunks - for the album's 10th, 20th and 25th anniversaries, and at different times he has described the photo as both "a positive" or something that felt like his "human rights" were revoked.