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Speaking to The Sunday Times earlier this month, the Foo Fighters frontman suggested that legal issues such as this are "par for the course", and in response they might end up updating the Nevermind artwork.
"I have many ideas of how we should alter that cover," Dave said, "but we’ll see what happens."
In the August lawsuit, Spencer sought damages of $150,000 (£109,000) each from 15 different parties involved, including Dave, bassist Krist Novoselic, Hole singer and Kurt Cobain’s widow Courtney Love, and photographer Kirk Weddle.