Axl Rose was left red faced after he attempted to sue video games company Activision Blizzard but had the lawsuit thrown out by a judge because he had bought the case forward several years too late.

Rose was unhappy over the use of the Guns ‘N Roses song “Welcome to the Jungle” in the game Guitar Hero III: Legends of Rock.

He had allegedly agreed to the use of the song so long as Activision didn't put any songs by his ex-band mate Slash’s band Velvet Revolver on the game as well.

A number of songs by Velvet Revolver were included in the final version of the game as well as an avatar of Slash that could be used on a number of the songs including “Welcome to the Jungle” which didn't go down very well with Rose.

He was so fuming that he decided to file a lawsuit against the company. Unfortunately, he bought the case forward in 2007, three years after the game’s release and after a two-year statute of limitations which applies to such cases.

Rose claimed that he had waited so long to bring the case forward because Activision had promised him his own version of the Guitar Hero game but the judge still threw the case out.

He had been seeking $20 million in compensation.

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