Guns N’ Roses Sues Online Gun Shop for Trademark Infringement

Guns N’ Roses filed a lawsuit on Friday towards a web-based artillery store for infringement of the Guns N’ Roses trademark and claims the store’s identify, Texas Guns and Roses, associates the band with the shop.

According to the lawsuit seen by Gizmodo, Guns N’ Roses claims the store’s identify “falsely suggests a connection” with them and creates a blurred line between the band’s distinction and will “tarnish … Guns N’ Roses mark.”

Texas Guns and Roses, owned by Jersey Village Florists, LLC, sells firearms, ammunition, scopes, and physique armor which will be bought on its web site and despatched by the mail. The lawsuit accuses the web retailer of doing so “without GNR’s approval, license or consent,” and is requesting an undisclosed price for trademark infringement and for Texas Guns and Roses to alter its identify.

David Clark, a Houston legal professional for Jersey Village Florists, LLC claimed in a cellphone name to Gizmodo that the Texas Guns and Roses retailer has not brought on confusion between the band and the retailer. He added that these representing Guns N’ Roses have even stated they couldn’t discover proof of the alleged confusion.

“Guns N’ Roses has already admitted that there is no evidence of actual confusion between its mark and our trademark registrations,” Clark stated. “It is unlikely that any customers are going to be confused between Texasgunsandroses.com as a one-stop shop for guns, flowers, and metal safes, and the rock band Guns N’ Roses as a performing and recording artist.”

Guns N’ Roses’ attorneys didn’t instantly reply to Gizmodo’s request for remark.

But in keeping with NBC Los Angeles, the lawsuit says, “GNR, quite reasonably, does not want to be associated with defendant, a firearms and weapons retailer. Furthermore, defendant espouses political views related to the regulation and control of firearms and weapons on the website that may be polarizing to many U.S. consumers.’’

Clark said the online store created its name because it primarily sells flowers but its website is also a one-stop-shop for artillery items and roses. He said the name Texas Guns and Roses came from combining both flowers and guns on the website, but a search shows the website primarily offers ammunition, shotguns, rifles, and knives, while only four flower bouquet options are available as of writing this.

Despite the similarities in the band’s name and Jersey Village Florist’s website, Clark said Guns N’ Roses are “almost certainly just trying to overextend what they believe are their rights,” including, “We will be fighting back on this.”