Photo credit: Mermin Sven / CC from 4.0
A California judge has dismissed a trademark infringement lawsuit that Guns N’ Roses had filed against a store called Texas Guns and Roses, which sells, you guessed it, guns and roses.
In a lawsuit filed last year, Guns N’ Roses argued that a Texas retailer that sells guns and roses – aptly named Texas Guns and Roses – was called “confusingly similar” to the band, thereby causing “irreparable harm” to their brand. inflicted infringement on their Guns N’ Roses trademark.
Among the band’s main concerns was that they could be mistakenly associated with gun sales and gun control debates. However, Texas Guns and Roses successfully registered its own trademark in 2016 – a trademark the band confirmed they were aware of and wished to have deleted while sending cease and desist letters to the store.
However, since the band’s lawsuit was filed in California, where the Texas Guns and Roses store does not have a presence, it was easy for the retailer to file a motion to dismiss on grounds of jurisdiction. That motion was filed with a judge last month granted it earlier this week.
“Defendant does not own any buildings or operate physical businesses in the State of California,” the judge writes, “was never licensed or registered to conduct business in the State of California and has never employed anyone who is a resident of the State of California.”
Additionally, “It does not maintain any California-based bank accounts in the State of California, has never directed any advertising to the State of California, and does not knowingly partner with vendors who are based in or do business in California.” You get the picture.
While the store conducts business online and the retailer’s website states which guns it sells that comply with gun laws in California (and other states), “specifically, no sales by Defendants through (their) website or in connection with the Texas Guns and Roses.” Markers have been placed for any residents or customers in the State of California.”
Unless Guns N’ Roses files a lawsuit in the state of Texas where Texas Guns and Roses is located and operates, the retailer remains free to sell both guns and roses under the Texas Guns and Roses name.