Guns N’ Roses, once the subject of the BBC documentary “The Most Dangerous Band in the World,” has filed a trademark-infringement lawsuit against Oskar Blues Brewery and parent company Canarchy Craft Brewery collective over the pink-toned Guns ‘N’ Rosé Ale.
The band rose to prominence in the ’80s with edgy, hard-driving songs like “Welcome to the Jungle.” Oskar Blues, founded in Colorado in 1997, added a location in Brevard in 2012, the same year Guns N’ Roses was inducted into the Rock and Roll Hall of Fame.
According to the lawsuit filed May 9 in the U.S. District Court, Central District of California, attorneys for the band are claiming that Oskar Blues’ beer and associated merchandise will cause Guns N’ Roses to “suffer damage to their trademarks, business reputation and goodwill.”
Guns N’ Roses: Stop selling bandannas
Merchandise created by the brewery surrounding the release of Guns ‘N’ Rosé Ale includes hats, pint glasses, stickers and bandannas, according to the lawsuit. The latter piece of merchandising seems to particularly vex the band and its attorneys, given Axl Rose’s signature look.
“Given that bandannas are uniquely associated with GNR and their lead singer and general partner Axl Rose, and that the only bandanna offered by defendant are Guns N’ Rosé bandannas, it is clear that defendant intended to further associate itself and its products with GNR in order to free ride off GNR’s, goodwill, prestige and reputation.”
According to the lawsuit, Oskar Blues attempted to register Guns ‘N’ Rosé Ale with the U.S. Patent and Trademark Office last summer, spurring action by the band’s business manager, who then asked the brewery to drop its trademark application and cease marketing any Guns ‘N’ Rosé-branded merchandise.
Brewery wants to keep selling beer
The lawsuit claims Oskar Blues rejected the request a month later in “terse and conclusory terms,” reportedly denying any connection between the beer and the band.
On March 26, the band began an opposition proceeding before the PTO’s Trademark Trial and Appeal Board against the brewery’s application to register Guns ‘N’ Rosé Ale.
Oskar Blues has since agreed to abandon its trademark application, but has said it intends to continue selling Guns ‘N’ Rosé beer and related products through March 2020.
Emails to the brewery were not immediately returned.
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