LOS ANGELES (AP) A federal appeals court on Thursday revived a child sexual exploitation lawsuit filed by the man who appeared naked as a 4-month-old on the cover of Nirvanas 1991 album Nevermind.

Spencer Eldens lawsuit against the grunge rock group alleges that he has suffered permanent harm as the band and others profited from the image of him underwater in a swimming pool, appearing to grab for a dollar bill on a fish hook.

The suit says the image violated federal laws on child sexual abuse material, although no criminal charges were ever sought.

A federal judge in California threw out the lawsuit last year but allowed Elden to file a revised version, which the judge later dismissed on grounds that it was outside the 10-year statute of limitations of one of the laws used as a cause of action.

Thursdays decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that ruling and sent the case back to the lower court.

The appellate panel found that each republication of an image may constitute a new personal injury with a new deadline and cited the images appearance on a 30th anniversary reissue of Nevermind in 2021.

The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal, the court wrote, according to the New York Times.

A lawyer for Nirvana members didnt immediately reply to an email seeking comment Thursday evening. However, attorney Bert Deixler issued a statement to Billboard magazine calling the ruling a procedural setback.

We will defend this meritless case with vigor and expect to prevail, he said.

The Associated Press does not typically name people who say they have been victims of sexual abuse unless they come forward publicly, as Elden has.