An online firearms retailer has taken Guns N' Roses' titular Use Your Illusion advice a little too literally for their liking. On behalf of the band, Axl Rose has filed a lawsuit against Texas Guns and Roses — which brands itself as "America's largest online firearms and accessories mall" — over its name's alleged intent to misconstrue an association with GNR.
As per USA TODAY, the lawsuit was filed against Jersey Village Florist, which owns the retailer, on Thursday (December 1). The document accuses Texas Guns and Roses of using the band's name without "approval, license, or consent," arguing that it's "likely to cause confusion with the GUNS N' ROSES mark, falsely suggested a connection with GNR, and was likely to dilute the GUNS N' ROSES mark."
"Defendant purports to sell roses and other flowers," the suit reads, claiming the seller is not officially registered as a flower store and only has roses for sale to justify its name. Guns N' Roses is asking the store to terminate the use of its name, as well as for a multiplication of damages, lawsuit costs and attorney's fees. The company has 18 days to file a response.
"There's never been any confusion and they have no evidence of confusion. This is an attempt to run up costs and burn us out," defence attorney David L. Clark told City News Service. "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 store filed to trademark its name in 2014 and registered in 2016, according to its US Patent and Trade Office registration. Named after co-founders Tracii Guns and Axl Rose when they combined their bands (LA Guns and Hollywood Rose, respectively), the band reportedly first caught wind of Texas Guns and Roses in October 2019 and sent the owner a cease and desist letter in February 2020. They received no response to that, nor the follow-up sent a few months later.
"This is particularly damaging to GNR given the nature of Defendant's business," the lawsuit argues. "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 US consumers."
In 2016, GNR bassist Duff McKagan called for stricter background checks on online gun purchases in the US in a column for Vice. "Background checks for all gun sales? Hell yes, right? What's the argument against that? Banning AK-47s and the like? Probably a damn good idea, right? Who needs them?" he wrote at the time. "I'm just a regular guy, neither 'pro' nor 'anti' gun… and I understand and respect the right to bear arms, but do some of you actually think we maintain this right still for the sole purpose of the 'in case' of our own government somehow taking over?"
"Shotgun Blues," indeed.
As per USA TODAY, the lawsuit was filed against Jersey Village Florist, which owns the retailer, on Thursday (December 1). The document accuses Texas Guns and Roses of using the band's name without "approval, license, or consent," arguing that it's "likely to cause confusion with the GUNS N' ROSES mark, falsely suggested a connection with GNR, and was likely to dilute the GUNS N' ROSES mark."
"Defendant purports to sell roses and other flowers," the suit reads, claiming the seller is not officially registered as a flower store and only has roses for sale to justify its name. Guns N' Roses is asking the store to terminate the use of its name, as well as for a multiplication of damages, lawsuit costs and attorney's fees. The company has 18 days to file a response.
"There's never been any confusion and they have no evidence of confusion. This is an attempt to run up costs and burn us out," defence attorney David L. Clark told City News Service. "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 store filed to trademark its name in 2014 and registered in 2016, according to its US Patent and Trade Office registration. Named after co-founders Tracii Guns and Axl Rose when they combined their bands (LA Guns and Hollywood Rose, respectively), the band reportedly first caught wind of Texas Guns and Roses in October 2019 and sent the owner a cease and desist letter in February 2020. They received no response to that, nor the follow-up sent a few months later.
"This is particularly damaging to GNR given the nature of Defendant's business," the lawsuit argues. "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 US consumers."
In 2016, GNR bassist Duff McKagan called for stricter background checks on online gun purchases in the US in a column for Vice. "Background checks for all gun sales? Hell yes, right? What's the argument against that? Banning AK-47s and the like? Probably a damn good idea, right? Who needs them?" he wrote at the time. "I'm just a regular guy, neither 'pro' nor 'anti' gun… and I understand and respect the right to bear arms, but do some of you actually think we maintain this right still for the sole purpose of the 'in case' of our own government somehow taking over?"
"Shotgun Blues," indeed.
