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Hard rock band Guns N'Roses filed a trademark counterfeit suit against the Canker Craft Brewery Collective's Oskar Blues Brewery.
The case was filed Thursday in the US District Court of California Central District.
The lawsuit claims that the Longmont-based brewery sells a craft beer and a variety of merchandise, including hats, t-shirts, guinea fowl, stickers, buttons and bandanas under the name of Guns & # 39; N & # 39; Rosé since 2018. The group says the group is based in Los Angeles. having registered the name Guns N 'Roses for a wide range of products and services in the 1990s. The lawsuit claims that Oskar Blues' use of the nickname Guns' N' Rosé is detrimental to the 'trademark , the reputation of the company and the goodwill "of the group.
The group Guns N 'Roses, also referred to GNR in the document filing, "has also successfully offered to sell and sell a variety of" Guns N' Roses "branded products to consumers. This includes, but is not limited to, apparel and related accessories such as t-shirts, hats, patches, stickers, buttons and bandanas – an item solely associated with GNR and its co-founder and lead vocalist Axl Rose, who wore famous bandanas for decades. It also includes items used and related to alcohol, including wine glasses, beer glasses, koozies for beer and shot glasses, according to the document filed by the lawyer. Main Group, Jill M Pietrini of Sheppard Mullin Richter & Hampton LLP.
The group also claims damages, compensation and unspecified legal fees.
The band's representative met with the brewery's CEO in December to resolve the problem, but the latter rejected the band's request, according to court documents.
An exchange of letters followed between the representatives of the group and the brewery without any resolution.
Katie Bukrinsky, a lawyer with McDermott Will & Emery, Oskar Blues advisor in a letter dated Jan. 22, said, "Our client's use of GUNS 'N' ROSÉ for beer does not violate GNR's trademarks. . GNR does not have a trademark registration for GUNS N 'ROSES for beer or alcoholic beverages. GNR has made no use of the GUNS N 'ROSES brand in relation to alcoholic beverages. It therefore has no rights to the mark in relation to beer or other alcoholic beverages. "
A March 26 letter from Bukrinsky offered to help solve the problem in order to avoid costly litigation by agreeing to withdraw the brewery's registration application for the registration of the Guns N name. Rosé at the US Patent and Trademark Office, permanently cease all sales and marketing of GUNS N ROSÉ beer, apparel and other products by March 31, 2020, and not to use any marks containing the term GUNS N ROSÉ or GUNS N ROSES in the future.
The application for registration of the name of the brewery was rejected Tuesday by the Trade-marks and Appeals Tribunal after sustained opposition from the band. On May 1st, the brewery had requested the express abandonment of its request.
An appeal to Oskar Blues and emails to lawyers from both parties for comment were not immediately returned.
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