GUNS N' ROSES frontman Axl Rose is set to miss out on his day in court in his attempt to sue the makers behind popular video game Guitar Hero after a Los Angeles judge suggested he was preparing to dismiss the case.

The rocker accused Activision Blizzard bosses of acting fraudulently in 2010, claiming they had illegally used his band's music and included an image of former guitarist Slash in 2007's Guitar Hero Iii: Legends of Rock - despite promising not to feature any reference to the ex-bandmate or his new group, Velvet Revolver.

Rose's $20 million (£13.3 million) claim for damages was thrown out of court last year (12) due to the delay in submitting the lawsuit - as the three-year wait meant it was no longer within the statute of limitations.

However, a Los Angeles judge allowed Rose to proceed with his related breach of contract allegation and set a tentative court date of February, 2013.

But it appears the rocker is losing that fight too - at a summary judgment hearing last week (ends01Feb13), Superior Court Judge Charles Palmer indicated that he was ready to shut down that legal action as well due to the delay in filing the suits, reports

Rose and his former guitarist have been locked in a furious war of words with each other ever since Slash quit the group in 1996.