Members of Guns N’ Roses filed a lawsuit in Los Angeles federal court against an online gun store based in Texas, claiming trademark infringement. The Houston-based Texas Guns and Roses is allegedly operating under the premise that the business appears to be affiliated with the band, according to attorneys for the band.
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The lawsuit, shared with City New Service, accuses Texas Guns and Roses of “wholesale appropriation” of the Guns N’ Roses trademark to help increase the sales of their firearms, body armor, ammunition, accessories, and other relevant products “without Guns N’ Roses approval, license or consent.” The plaintiffs also allege that the store “selected and adopted defendant’s marks for the purpose of confusing consumers into believing that it was connected or associated with, or licensed by, [Guns N’ Roses].”
In the lawsuit, Guns N’ Roses argue that being affiliated with a gun store is damaging to their image. “GN’R, quite reasonably, does not want to be associated with defendant, a firearms and weapons retailer,” said lawyers for the band. “Furthermore, the 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.”
The band first became aware of the gun store using its name in 2019 and sent a cease-and-desist letter requesting that the business voluntarily cancel the registration of its name. Their lawsuit also addresses the second half of the store name, “Roses,” since the business does not sell flowers. Apparently countering the claim, on Dec. 2, the store, which is owned by the Texas-based Jersey Village Florist, added four different bundles of roses for sale alongside their firearms and related gear.
David L. Clark, an attorney representing Jersey Village Florist, said that Guns N’ Roses likely filed in federal court because it’s unlikely they can get the Trademark Trial and Appeal Board to cancel the registration of the Texas Guns and Roses name.
“There’s never been any confusion [between the band and the website] and they have no evidence of confusion,” said Clark in a statement. “This is an attempt to run up costs and burn us out. Our client sells metal safes for guns and flowers and has 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.”
This is the second time in the past three years that Guns N’ Rose has brought a business to court for using the band name. In 2019, Guns N’ Roses filed a suit against Colorado brewery Oskar Blues, producer of Dale’s Pale Ale, of trademark infringement for selling Guns ‘N’ Rosé ale, along with merchandise that appeared to be affiliated with the band without permission. The suit was later settled by both parties.
This week, Guns N’ Roses’ singer Axl Rose also addressed the band’s traditional microphone throw into the audience at the end of their shows, and an encore of “Paradise City,” after a concertgoer, Rebecca Howe, was injured at their Nov. 29 show in Adelaide, Australia. The audience member was left with two black eyes and several cuts on her nose after being hit with a microphone.
Photo: Gary Miller/Getty Images
