Guns N’ Roses sue gun shop in Texas using similar name
The band wants the Texan store, named Texas Guns and Roses, to change their name and pay a sum of damages
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American hard rock band Guns N’ Roses are suing a gun shop in Texas for using a reference to their name in the shop.
The band wants the store, called Texas Guns and Roses, to change their name and pay out a sum of damages.
The band’s lawsuit claims that the name insinuates that the shop is linked to the rock group.
The online store is accused of adopting “defendant’s marks for the purpose of confusing consumers into believing that it was connected or associated with, or licensed by, GNR,” reported NME.
Guns N’ Roses also alleges that the store – which sells roses as well as firearms – only sells the flower to justify its use of the name.
The band are reported to have previously filed a cease and desist letter in 2019 before filing the suit, but the store persisted with their name.
Lawyers for Guns N’ Roses have argued that the shop continues to “intentionally trade on GNR’s goodwill, prestige and fame without GNR’s approval, licence or consent”.
The subject seems particularly sensitive due to the nature of the store’s custom, with the sale of arms an issue of political contention in the US.
“This is particularly damaging to GNR given the nature of the defendant’s business. GNR, quite reasonably, does not want to be associated with the defendant, a firearms and weapons retailer,” states the lawsuit.
“Furthermore, defendant espouses political views related to the regulation and control of firearms and weapons on the website that may be polarising to many U.S. consumers.”
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However, the store’s attorney has said that there has “never been any confusion” as to whether the band is linked with the store.
“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,” 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 Independent has contacted representatives of Guns N’ Roses for comment.
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