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Guns N Roses trademark lawsuit against Texas seller of guns and roses dismissed

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a lawsuit last year, the band argued that the gun seller’s trading name was “confusingly similar” to their name, and that confusion was causing “irreparable damage” to their brand.

All of which, they reckoned, constituted infringement of the Guns N Roses trademark.The “irreparable damage” was partly because the band simply don’t want to be associated with the sale of guns.

But also because the website for the Guns And Roses shop had a section commenting on news stories relating to the US Second Amendment and gun control debates, which included “political views related to the regulation and control of firearms and weapons … that may be polarising to many US consumers”.Texas Guns And Roses actually successfully registered its own trademark back in 2016.

In their lawsuit, the band confirmed that they had been seeking to have that trademark cancelled while also sending various cease and desist letters to the gun store.But with Texas Guns And Roses still selling both guns and roses under that name, they felt they needed to go the litigation route to protect their band name.However, were the Californian courts the right place to file a lawsuit against a retailer that operates solely in Texas?

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