The suit alleges that the seller is attempting to con consumers into believing that the website is associated with the rock band.
The lawsuit, obtained by City News Service, alleges that Texas company Jersey Village Florist operates the online store texasgunsandroses.com — selling firearms, ammunition, scopes and body armor through the mail —"without GNR's approval, license or consent.''
The plaintiffs allege that Jersey Village Florist"selected and adopted defendant's marks for the purpose of confusing consumers into believing that it was connected or associated with, or licensed by, GNR.'' Lawyers for Guns N' Roses further allege that the defendant purports to sell roses and other flowers as a contrivance to try and justify the"wholesale appropriation'' of the Guns N' Roses trademark. However, Jersey Village Florist does not sell flowers on the Houston-based guns and ammunition website, the lawsuit says. Sign up for NBC San Diego newsletters.
David L. Clark, a Houston attorney representing Jersey Village Florist, said that while he has not seen the complaint, it appears that GNR's lawyers have filed in federal court because their attempts to persuade the Trademark Trial and Appeal Board to cancel texasgunsandroses.com's registration is likely to fail. "This is an attempt to run up costs and burn us out,'' he said.
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