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Judge Dismisses Axl Rose 'Guitar Hero' Breach of Contract Lawsuit

Author: Scarinci Hollenbeck, LLC

Date: February 18, 2013

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Breach of Contract

A U.S. District Judge has dismissed the remaining breach of contract allegations brought against “Guitar Hero” video game maker Activision Blizzard by Guns N’ Roses frontman Axl Rose.

Rose sued the company in 2010 for fraud and illegal use of the band’s music, which also included use of the band’s former guitarist Slash when they created “Guitar Hero III: Legends of Rock” in 2007, according to The Age. The guitarist also appeared on the game’s cover, despite Rose’s objections, the news source reports. Rose argued that the company promised not to use any images or reference the former guitarist – or his band – when they made the game, and that the image of Slash violates the entertainment law contact they drafted.

Slash and Axl Rose have been in a bitter dispute following the guitarists’ decision to leave the group.

Judge Charles Palmer threw out the misrepresentation and fraud charges in 2012, but allowed Rose to move forward with breach of contract charges. However, Palmer recently dismissed these remaining charges on the grounds that the statute of limitations had passed. Axl Rose has not yet specified whether he will appeal the judge’s decision and take the matter to a higher court.

For more information about this case or breach of contracts in the entertainment industry, please contact Anthony Caruso, Chair of Scarinci Hollenbeck’s Sports and Entertainment Law Group. 

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