Guns N’ Roses has filed a lawsuit against a Texas gun store for using the band’s name in the shop’s moniker.
The group — which is composed of members Axl Rose, Slash, Duff McKagan, Dizzy Reed, Richard Fortus, Frank Ferrer and Melissa Reese — is asking the store, 叫 Texas Guns and Roses, to change its name and pay damages, according to legal documents obtained by PEOPLE.
The complaint alleges that the store’s name insinuates that it is linked to the “Paradise City” 乐队, and states that it has utilized the “defendant’s marks for the purpose of confusing consumers into believing that it was connected or associated with, or licensed by, GNR.”
Guns N’ Roses also claims that the store — which is operated by Jersey Village Florist — sells roses along with firearms, in an effort to justify the “wholesale appropriation” of the Guns N’ Roses trademark.
A representative for both Guns N’ Roses and Texas Guns and Roses did not immediately respond to PEOPLE’s request for comment.
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The Texas Guns and Roses store filed for a trademark in 2014 and later registered in 2016, according to its U.S. Patent and Trade Office registration. Guns N’ Roses learned of the store using its likeness in 2019, 诉讼指出, and sent a cease and desist letter in 2020.
The complaint also alleges that the store continued to “intentionally trade on GNR’s goodwill, prestige and fame without GNR’s approval, license or consent,” despite the cease and desist letter.
“This is particularly damaging to GNR given the nature of defendant’s business. GNR, quite reasonably, does not want to be associated with defendant, a firearms and weapons retailer,” the complaint continues.
“此外, 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,” it adds.
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大卫·L。. 克拉克, a defense attorney representing Texas Guns and Roses, 告诉 City News Service, per NBC Los Angeles: “有 never been any confusion and they have no evidence of confusion. This is an attempt to run up costs and burn us out.”
“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,” 他加了. “We will be fighting back.”