Two American college students who appear making racist and sexist comments in the box office hit 'Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan' have failed in their bid to get a court order for the removal of their scene in the film.
Reuters reports that the students sued the film's distributor and producers last month, claiming they had been duped into appearing in the film and had been told that it would never be shown in the US.
The plaintiffs said they had suffered "humiliation, mental anguish, emotional and physical distress, loss of reputation, goodwill and standing in the community" because of the film.
When they filed the suit the duo were denied a temporary restraining order that would have allowed their removal from the film; they were given another chance to seek an injunction last week.
But Los Angeles Superior Court Judge Joseph Biderman said the duo had failed to show a reasonable probability of success on the merits of their case or that money damages alone would be insufficient to resolve their claims.
With 'Borat...' nearing the end of its cinema release, legal argument in the latest motion had focussed on the upcoming DVD and the duo's claims that the perpetuity of the film on DVD posed ongoing problems for them.