Picture Credit score: Mermin Sven / CC by 4.0A California choose has dismissed a trademark infringement lawsuit filed by Weapons N’ Roses in opposition to a retailer referred to as Texas Weapons and Roses that sells — you guessed it — weapons and roses.
In a lawsuit filed final yr, Weapons N’ Roses argued {that a} retailer in Texas that sells weapons and roses — aptly named Texas Weapons and Roses — was named “confusingly related” to the band, inflicting “irreparable harm” to their model, thus infringing upon their Weapons N’ Roses trademark.
Among the many chief considerations for the band was that they might be falsely related to the sale of weapons and gun management debates. That mentioned, Texas Weapons and Roses efficiently registered its personal trademark in 2016 — a trademark the band confirmed they have been conscious of and had been searching for to have canceled whereas sending stop and desist letters to the shop.
However as a result of the band’s lawsuit was filed in California, the place the Texas Weapons and Roses retailer doesn’t function, it was easy for the retailer to file a movement for dismissal on the grounds of jurisdiction. That movement was filed final month, and a choose granted it earlier this week.
“Defendant doesn’t personal any buildings or function any bodily shops within the state of California,” writes the choose, “has by no means been licensed or registered to conduct enterprise within the state of California, (and) has by no means employed anybody residing within the state of California.”
Additional, it “doesn’t keep any California-based financial institution accounts inside the state of California, has by no means directed any commercials to the state of California, and doesn’t knowingly work with distributors residing or conducting enterprise in California.” You get the image.
Whereas the store does conduct enterprise on-line, and the retailer’s web site identifies which weapons it sells adjust to gun legal guidelines in California (and different states), “notably, none of defendant’s gross sales by (its) web site or along with the Texas Weapons and Roses marks have been made to any residents or clients positioned within the state of California.”
Except Weapons N’ Roses information a lawsuit within the state of Texas, the place Texas Weapons and Roses is positioned and operates, the retailer will proceed to be free to promote each weapons and roses underneath the identify Texas Weapons and Roses.