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Judge dismisses Axl Rose lawsuit against Activision over use of Slash image in 'Guitar Hero'

By: Anthony McCartney, The Associated Press

Thursday, Feb. 21, 2013 at 10:47 AM | Comments: 0

FILE - This Dec. 7, 2012 file photo shows Axl Rose, lead vocalist of Guns N' Roses performing during their concert in Bangalore, India. A judge on Wednesday Feb. 20, 2013 dismissed Rose's lawsuit against Activision Blizzard Inc. The Guns N' Roses rocker had claimed the gaming giant violated an agreement not to feature guitarist Slash in a "Guitar Hero" video game. (AP Photo/Aijaz Rahi, file)

LOS ANGELES, Calif. - A judge has ruled that Activision Blizzard Inc. did not violate an agreement with Axl Rose to prevent the inclusion of guitarist Slash in a "Guitar Hero" video game and has dismissed a lawsuit filed by the Guns N' Roses frontman.

Superior Court Judge Charles Palmer dismissed the case on Wednesday, court records show. He agreed with attorneys for Activision that the gaming company never agreed to keep Slash's likeness out of the game in exchange for the rights to use the Guns N' Roses hit "Welcome to the Jungle."

Rose sued Activision in November 2010 seeking $20 million in damages from the company. He claimed he allowed Activision to use "Welcome to the Jungle" in the game on the condition that Slash and his band, Velvet Revolver, not appear in the game.

Rose has been trying to distance Guns N' Roses from Slash since he left the band in 1996, his lawsuit stated.

"Guitar Hero III" featured a digital version of Slash, complete with distinctive top hat, dark glasses and curly black locks.

Email messages sent to lawyers for Rose and Activision were not immediately returned.

In October, Santa Monica, Calif.-based Activision settled a lawsuit filed by the band No Doubt claiming their digital likenesses were misused in a similar game, "Band Hero."

In both cases, Activision denied wrongdoing.

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Anthony McCartney can be reached at http://twitter.com/mccartneyAP

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