Guns N’ Roses filed a lawsuit on Friday against an online artillery shop for infringement of the Guns N’ Roses trademark and claims the shop’s name, Texas Guns and Roses, associates the band with the store.
According to the lawsuit seen by Gizmodo, Guns N’ Roses claims the shop’s name “falsely suggests a connection” with them and creates a blurred line between the band’s distinction and could “tarnish … Guns N’ Roses mark.”
Texas Guns and Roses, owned by Jersey Village Florists, LLC, sells firearms, ammunition, scopes, and body armor which can be purchased on its website and sent through the mail. The lawsuit accuses the online retailer of doing so “without GNR’s approval, license or consent,” and is requesting an undisclosed fee for trademark infringement and for Texas Guns and Roses to change its name.
David Clark, a Houston attorney for Jersey Village Florists, LLC claimed in a phone call to Gizmodo that the Texas Guns and Roses store has not caused confusion between the band and the retailer. He added that those representing Guns N’ Roses have even said they couldn’t find proof of the alleged confusion.
“Guns N’ Roses has already admitted that there is no evidence of actual confusion between its mark and our trademark registrations,” Clark said. “It is unlikely that any customers are going to be confused between Texasgunsandroses.com as a one-stop shop for guns, flowers, and metal safes, and the rock band Guns N’ Roses as a performing and recording artist.”
Guns N’ Roses’ attorneys did not immediately respond to Gizmodo’s request for comment.
But according to NBC Los Angeles, the lawsuit says, “GNR, 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.’’
Clark said the online store created its name because it primarily sells flowers but its website is also a one-stop-shop for artillery items and roses. He said the name Texas Guns and Roses came from combining both flowers and guns on the website, but a search shows the website primarily offers ammunition, shotguns, rifles, and knives, while only four flower bouquet options are available as of writing this.
Despite the similarities in the band’s name and Jersey Village Florist’s website, Clark said Guns N’ Roses are “almost certainly just trying to overextend what they believe are their rights,” adding, “We will be fighting back on this.”