(Montreal) An American federal appeals court on Thursday revived a lawsuit for sexual exploitation of children brought by the man who appeared naked at the age of 4 months on the cover of Nirvana’s album Nevermind.

Spencer Elden alleges he suffered “permanent harm,” while the group profited from the image of him underwater in a swimming pool, appearing to catch a dollar bill on a fishing hook.

A federal judge in California dismissed the suit last year, but Thursday’s ruling by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that decision and sent the case back to court lower.