Couple loses appeal in lawsuit involving erotic e-book and Rob Gronkowski

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Couple sues over erotic book involving Rob Gronkowski. (KTRK)

A couple lost another appeal in a lawsuit involving an erotic e-book and New England Patriots player Rob Gronkowski.

An appeals court in Ohio upheld a lower court's dismissal of the case over the e-book titled "A Gronking to Remember." The book centers on a woman's desire for Gronkowski.

John and Jane Roe sued Amazon, Barnes and Noble and Smashwords claiming their engagement photo was used on the cover without their knowledge.

Judges have ruled the couple failed to show the companies knew of any photo rights issue or had liability.

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