New York (AP) A federal judge has thrown out a lawsuit brought by a businessman who claims he was humiliated in the movie “Borat.”

A scene in the hit 2006 comedy shows Jeffrey Lemerond being chased down Manhattan's fifth avenue by the Borat character played by Sasha Baron Cohen. The ivy League grad and financial analyst was demanding unspecified damages from producer Twentieth Century Fox for using his image without his consent.

But in her ruling, the judge says since the movie can be deemed “newsworthy,” consent was not required. The judge said the Mockumentary about a crass Kazakhstan journalist may be “childish and vulgar,” it is also an attempt an ironic commentary.

Lemerond plans to appeal.