According to City News Service, Guns N’ Roses have filed a lawsuit against an online gun store called Texas Guns And Roses. The band made the move due to the site’s “confusingly similar” name.
The complaint says Jersey Village Florist have been using the “Texas Guns And Roses” moniker “without GNR’s approval, license or consent” and have continued to do so even after receiving cease and desist letters. The band are also claiming that the company “selected and adopted [the] defendant’s marks for the purpose of confusing consumers into believing that it was connected or associated with, or licensed by, GN’R.”
Attorneys representing the group went on to say that Jersey Village Florist are acting like they sell flowers in addition to firearms as “a contrivance to purportedly justify” their “wholesale appropriation of the Guns N’Roses mark”:
“[Jersey Village Florist] has not sought registration of any of Defendant’s Marks for any goods or services related to flowers, and Defendant does not prominently market flowers for sale on its Website.”
The lawsuit, which was filed with the Trademark Trial and Appeal Board (TTAB), also added:
“Notwithstanding GN’R’s cease and desist letters and commencement of the TTAB proceeding, [Jersey Village Florist] has continued to use Defendant’s Marks and intentionally trade on GNR’s goodwill, prestige, and fame without GNR’s approval, license, or consent. This is particularly damaging to GN’R given the nature of Defendant’s business. GN’R, 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.”
Jersey Village Florist’s lawyer David L. Clark has since responded to the lawsuit saying that “there’s never been any confusion (between the band and the website) and they have no evidence of confusion.” He also added:
“This is an attempt to run up costs and burn us out. Our client sells metal safes for guns and flowers, and have a one-stop website and absolutely no one is confused. Nobody thinks we’re the band or there is some affiliation. We will be fighting back.”
The band are currently seeking unspecified damages and a court order to get the company to stop using the name.