The lawsuit, obtained by USA TODAY was filed December 1 on behalf of the band against the owner of Texas Guns and Roses, Jersey Village Florist. The lawsuit claims that the online store's name is "likely to cause confusion with the GUNS N' ROSES mark, falsely suggested a connection with GNR, and was likely to dilute the GUNS N' ROSES mark."
The rock band is asking the store to abandon use of its name and is also seeking damages, lawsuit costs and attorney's fees. Jersey Village Florist has not yet filed a response to the complaint.
The lawsuit also states that the similarity in name and likeness is "damaging" to the band "given the nature" of its business. "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," the lawsuit says.
David L. Clark, attorney for the defendant, says the lawsuit "is an attempt to run up costs and burn us out," Spectrum News reports. "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," Clark said. Texas Guns and Roses filed for a trademark in 2014 and registered two years later.