According to City News Service, GUNS N' ROSES has sued an online gun store called Texas Guns And Roses, alleging that the name of the store's web site is "confusingly similar" to that of the legendary rock band.
The lawsuit alleges that Texas company Jersey Village Florist operates the online store texasgunsandroses.com that "primarily sells firearms and firearm accessories, such as ammunition, scopes, body armor, suppressors, and metal safes, and also sells clothing and backpacks "without GNR's approval, license or consent."
GUNS N' ROSES claims that Jersey Village Florist "selected and adopted defendant's marks for the purpose of confusing consumers into believing that it was connected or associated with, or licensed by, GN'R."
Lawyers for GUNS N' ROSES further allege that Jersey Village Florist purports to sell roses and other flowers as "a contrivance to purportedly justify" the store's "wholesale appropriation of the GUNS N’ ROSES mark. Notably, [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."
David L. Clark, a Houston attorney representing Jersey Village Florist, told City News Service that "there's never been any confusion (between the band and the website) and they have no evidence of confusion.
"This is an attempt to run up costs and burn us out," he said. "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."
According to the lawsuit, GUNS N' ROSES filed with the Trademark Trial and Appeal Board (TTAB) — a neutral body that functions like a court for trademark matters at the United States Patent and Trademark Office (USPTO) — a petition in November 2021 to cancel Jersey Village Florist's registration of texasgunsandroses.com "on the grounds that the registered mark is likely to cause confusion with the GUNS N' ROSES mark, falsely suggested a connection with GN'R, and was likely to dilute the GUNS N' ROSES mark.
"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," the lawsuit adds. "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."
The suit seeks unspecified damages and a court order prohibiting the use of the web site name.
Photo credit: Katarina Benzova