American hard rock band Guns N’ Roses are suing a Texas gun store for using a reference to their name in the store.
The band wants the Texas Guns and Roses store to change its name and pay damages.
The band’s lawsuit alleges that the name suggests the store is affiliated with the rock group.
The online store is accused of “acquiring defendants’ trademarks for the purpose of misleading consumers into believing that it is affiliated with or associated with GNR or licensed by GNR,” he reported NME.
Guns N’ Roses also claims that the store – which also sells roses in addition to firearms – only sells the flower to justify the use of the name.
It is reported that the band filed a cease and desist letter back in 2019 before filing the lawsuit, but the store stood by their name.
Lawyers for Guns N’ Roses have argued that the store continues to “willfully act in the goodwill, prestige and fame of GNR without GNR’s authorisation, license or consent”.
The issue appears to be particularly sensitive since gun sales are a political issue in the United States.
“This hurts GNR, particularly given the nature of the defendant’s business. GNR reasonably does not wish to be associated with the defendant, a firearms and arms dealer,” the lawsuit reads.
“Additionally, on the website, the defendant expresses political views related to the regulation and control of firearms and weapons that may polarize many U.S. consumers.”
Enjoy unlimited access to 70 million ad-free songs and podcasts with Amazon Music Sign up now for a free 30-day trial
However, the store’s attorney said there has “never been any confusion” as to whether the band was affiliated with the store.
“There has never been any confusion and they have no evidence of confusion. This is an attempt to drive up costs and burn us out,” said David L. Clark City news service.
“Our client sells metal safes for guns and flowers and has a one-stop website and absolutely no one is confused. Nobody thinks we are the band or there is an affiliation. We will fight back.”
The Independent has reached out to Guns N’ Roses representatives for comment.
https://www.independent.co.uk/arts-entertainment/music/news/guns-n-roses-gun-shop-texas-name-b2238986.html Guns N’ Roses is suing a similarly-named gun shop in Texas