Legendary rock group Guns N’ Roses filed a trademark infringement lawsuit last week against Canarchy Craft Brewing Collectives’ Oskar Blues Brewery over their “Guns ‘N’ Rosé” ale. The Colorado brewery reportedly began selling Guns ‘N’ Rosé as well as accompanying merchandise in 2018 without approval from the band.
According to the band’s complaint, they attempted to resolve the issue with the CEO of Oskar Blues Brewery in December – without success. Now, they are hoping a successful lawsuit will prevent the brewery from trading on the band’s goodwill.
Oskar Blues attempts to register “Guns ‘N’ Rosé” trademark
Interestingly, the brewery attempted to register their Guns ‘N’ Rosé logo with the United States Patent and Trademark Office in August of 2018. However, they seemed to abandon their pursuit of the mark in the face of objections by the band.
Guns N’ Roses seeks the destruction of infringing products
If the suit by Guns N’ Roses fails to stop Oskar Blues from selling Guns ‘N’ Rosé, it will remain on the market until March 2020. The band contends that brewery’s use of the name Guns ‘N’ Rosé causes confusion among consumers by implying a relationship between the two parties that does not exist.
In the complaint, Guns N’ Roses seeks not only to bar the sale of Guns ‘N’ Rosé but also the destruction of any unused product. In addition, they have advocated for both compensatory and punitive damages.
Protecting goodwill through trademarks
Intellectual property disputes often highlight the creative efforts of both sides. Whether you are looking to protect your own work or defend your organization in an infringement suit, it helps to work with a law firm experienced in the big picture.