Guns N’ Roses is suing a gun store in Texas for using the rock band’s name without authorization, arguing that the perceived link might harm the band’s reputation.
The case was filed last week in the U.S. District Court for the Central District of California, claiming that Texas Guns and Roses, a gun store owned by Jersey Village Florist, violated trademark regulations by using a name that may be mistaken with or affiliated with the band.
The lawsuit claims Guns N’ Roses has suffered, or will suffer, reputational harm due to a falsely implied relationship with the online gun sale. Texas Guns and Roses sells pistols, rifles, shotguns, and other weapons and accessories. According to the retailer’s website, four flower arrangements are available.
More about Texas Guns and Roses
Texas Guns and Roses identifies itself as “America’s largest online weapons and accessories marketplace” and offers pistols, rifles, and shotguns, including dozens of semi-automatics, lest you believe this is another giant instance of the affluent company going after an independent business. The band claims it issued a stop and desist letter to the guns dealer in 2019, but to no avail.
The most amusing aspect of this scenario is that Texas Guns and Roses sells little bouquets of roses, which the lawsuit alleges is an attempt to explain its name. Many men in this nation give their wives a dozen long-stemmed roses and a Derringer for $95 for Christmas. Axl Rose had his own weapons incident on December 4, when he tossed his microphone into an Australian crowd and struck a woman in the face.
In addition to monetary compensation, the complaint requests that the business cease using the name and any others that may be mistaken with the bands. Monday, Guns N’ Roses’ attorneys did not immediately reply to a request for comment.
Guns N’ Roses own the “N”
In 2014, Texas Guns and Roses registered a trademark with the United States Patent and Trademark Office, which was granted in 2016. Guns N’ Roses has registered three federal trademarks. According to the complaint, Guns N’ Roses learned the retailer’s identity for the first time in 2019. According to the lawsuit, the band sent a cease and desist letter to the store in 2020 and a follow-up letter several months later but received no response.
According to the lawsuit, the “N’” in Guns N’ Roses is a commonly understood abbreviation for “and,” and thus, Texas Guns and Roses contains the band’s name.
In November 2021, attorneys for the band filed a petition with the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board to invalidate the gun retailer’s trademark registration. This request remains outstanding. Friday, Guns N’ Roses’ attorneys submitted a motion to halt the proceedings in light of the new federal case.