Sacha Baron Cohen played a crass Kazakhstan journalist
A legal case filed against the producers of the Borat movie, by a man who briefly appeared in the film, has been dismissed by a judge in New York.
Jeffrey Lemerond, who appeared in the trailer and a 13-second clip of the film sued 20th Century Fox in June, claiming his image was used illegally.
Lemerond was shown running and yelling "go away" as Borat attempted to hug strangers on a New York street.
US District Judge Loretta Preska said the clip could be deemed "newsworthy".
She said while the film appealed "to the most childish and vulgar in its viewers," it attempted "an ironic commentary of 'modern' American culture".
Lemerond's lawyer Eric Hecker said he would appeal the ruling.
"We think New York law is clear that a corporation like 20th Century Fox is not entitled to pluck an otherwise anonymous citizen out of a crowd and subject him to public humiliation in order to make a buck," he said.
In legal papers filed last year, Lemerond said he suffered "public ridicule, degradation and humiliation" because of his appearance in the film.
The action is one of several that have been brought against the 2006 comedy which starred British comedian Sacha Baron Cohen.
Others who have claimed they were defamed or tricked into appearing include two South Carolina students, a Maryland driving instructor, Romanian villagers and an etiquette teacher.