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Guns N' Roses sues brewery over its 'Guns 'N' Rosé' beer

Associated Press
Associated PressMay 10, 2019, 5:49 PM GMT

LOS ANGELES (AP) — The rock band Guns N' Roses is accusing a Colorado brewery of piggybacking off their fame to sell beer and merchandise.

The band filed a trademark infringement lawsuit Thursday against Colorado-based Oskar Blues Brewery, which sells Guns 'N' Rosé beer and merchandise and bandannas the group says are associated with singer Axl Rose.

The complaint says Oskar Blues applied to trademark Guns 'N' Rosé last year and abandoned the effort after the band objected.

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Their east coast brewing location is where I live. Their beer overall is great but the guns n Rose is not.

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They should sue them because the beer is terrible! The Axl Rose' from Tampa is pretty solid, though.

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They were probably fine until they filed a trademark. That takes it too far and gets on the band’s radar. I’m sure they were presented with a Cease and Desist and possibly even an opportunity to make a deal to continue doing what they do. They obviously didn’t listen and/or were combative. They now face damages and took some pretty bad advice  

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it gives the titel "most dangerous band in the world" a new meaning.

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so it seems the brewery is gonna get some... uhh... takedown? :lol:

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From The Guardian, 

Guns N’ Roses are suing a Colorado brewery for trademark infringement over a beer named Guns ‘N’ Rosé.

In a California court filing, the band argue that consumers are likely to be confused by the branding from Oskar Blues Brewery, part of the Canarchy Craft Brewing Collective, and could assume it is an official partnership. The complaint argues that the band’s brand has thus had “irreparable damage” done to it by the craft beer, and has “suffered and continues to suffer and/or is likely to suffer damage to their trademarks, business reputation, and goodwill”.

It argues that the brewery “should not be entitled to continue to sell infringing products and intentionally trade on the GNR’s goodwill, prestige, and fame without GNR’s approval, license, or consent”. The band are seeking damages and legal costs.

 

Oskar Blues Brewery has not yet responded to the lawsuit. It had attempted to trademark the Guns N’ Rosé name and abandoned the application after opposition from the band – but is understood to intend to continue selling the beer until March 2020. Its flavour is described as “sticky prickly pear and floral hibiscus with a subtle hop profile”.

Guns N’ Roses continue to tour following their 2016 reunion, with Slash and Duff McKagan saying that writing is under way for a new album, their first since 2008’s Chinese Democracy.

The band have faced numerous lawsuits in the past: separate claims by former members Steven Adler and Chris Pitman over unpaid earnings were both settled, and they were also sued in 2008 by German ambient musician Ulrich Schnauss, after two of his pieces were used on Chinese Democracy. The band denied the claim, saying they had been told the samples had been sourced legitimately.

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This trademark/copyright infringement stuff has always interested me.  More specifically, how to circumvent it.  What if that brewery had called it Gunz n Rose, would that be acceptable?  Or if someone starts a band and called themselves The Beatlez. 

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Posted (edited)

After all that's set and done were not...Guns N' Roses is a brand name. 

Edited by Edward Nygma

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4 minutes ago, RussTCB said:

It'd be sweet if GNR put half as much energy into releasing new music for their fans to buy as they do looking for lawsuits. 

The band will never change, unfortunately. 

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2 hours ago, janrichmond said:

From The Guardian, 

Geparate claims by former members Steven Adler and Chris Pitman over unpaid earnings were both settled, and they were also sued in 2008 by German ambient musician Ulrich Schnauss, after two of his pieces were used on Chinese Democracy. The band denied the claim, saying they had been told the samples had been sourced legitimately.

2

Is this news that Pittman sued over unpaid earnings?

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19 minutes ago, TeeJay410 said:

Is this news that Pittman sued over unpaid earnings?

old news, i'm sure @Blackstar has more info 

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well judging by what's happening on youtube the band hates copyright infringement. 

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As far as I am concerned, this is a complete non-issue. Any business entity of such a value as GN'R is likely to protect itself against infringements. Anything else would be unprofessional. That's just the business side to it and whether we like it or not, a band that generates values of more than $560 million on touring is a business entity. This litigation doesn't have to affect the artistic side at all and hopefully Axl, Slash and Duff's involvement has been minimal.

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Posted (edited)

IMO this isn’t the band but their legal representation. MetallicA have been known to overrule their legal team if they think they are being too hardline.

Edited by DTJ80

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12 hours ago, janrichmond said:

From The Guardian, 

Guns N’ Roses are suing a Colorado brewery for trademark infringement over a beer named Guns ‘N’ Rosé.

In a California court filing, the band argue that consumers are likely to be confused by the branding from Oskar Blues Brewery, part of the Canarchy Craft Brewing Collective, and could assume it is an official partnership. The complaint argues that the band’s brand has thus had “irreparable damage” done to it by the craft beer, and has “suffered and continues to suffer and/or is likely to suffer damage to their trademarks, business reputation, and goodwill”.

It argues that the brewery “should not be entitled to continue to sell infringing products and intentionally trade on the GNR’s goodwill, prestige, and fame without GNR’s approval, license, or consent”. The band are seeking damages and legal costs.

 

Oskar Blues Brewery has not yet responded to the lawsuit. It had attempted to trademark the Guns N’ Rosé name and abandoned the application after opposition from the band – but is understood to intend to continue selling the beer until March 2020. Its flavour is described as “sticky prickly pear and floral hibiscus with a subtle hop profile”.

Guns N’ Roses continue to tour following their 2016 reunion, with Slash and Duff McKagan saying that writing is under way for a new album, their first since 2008’s Chinese Democracy.

The band have faced numerous lawsuits in the past: separate claims by former members Steven Adler and Chris Pitman over unpaid earnings were both settled, and they were also sued in 2008 by German ambient musician Ulrich Schnauss, after two of his pieces were used on Chinese Democracy. The band denied the claim, saying they had been told the samples had been sourced legitimately.

Floral hibiscus and "sticky prickly pear" in a beer? Oh fuck off. 
And thanks for the last paragraph. Such on-topic stuff! So much wow! 

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1 hour ago, jamillos said:

Floral hibiscus and "sticky prickly pear" in a beer? Oh fuck off. 

Once upon a time it wasnt common for beers to contain hops. And beers flavour profile came from flowers, herbs, fruits and veggies. A beer with a herbal profile is called a "gruit, but these days theres usually a touch of hops to round out a gruits flavour profile. Beers made with fruits and veggies are often called a saison ("season" as in seasonal ingredients, the ales were used to 'feed' farm hands). 

Hops make one drowsy and encourage estrogen production in men, so a hop-free gruit has its charms. :headbang:

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3 hours ago, soon said:

Once upon a time it wasnt common for beers to contain hops. And beers flavour profile came from flowers, herbs, fruits and veggies. A beer with a herbal profile is called a "gruit, but these days theres usually a touch of hops to round out a gruits flavour profile. Beers made with fruits and veggies are often called a saison ("season" as in seasonal ingredients, the ales were used to 'feed' farm hands). 

Hops make one drowsy and encourage estrogen production in men, so a hop-free gruit has its charms. :headbang:

Late last year, I went to a brewery that had opened in the next town that I live in.  They tried to make their beers fruity with tons of hops in it. It was one of the worst tasting beers I've ever had. 

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22 minutes ago, Draguns said:

Late last year, I went to a brewery that had opened in the next town that I live in.  They tried to make their beers fruity with tons of hops in it. It was one of the worst tasting beers I've ever had. 

Maybe an IPA (India Pale Ale)? Or maybe the US version the APA especially go fruity. Lots of citrus, pineapple, mellon notes maybe? 

I must admit I got into super hoppy beers like fruity IPAs for a while, until one day the hops were puckering my tongue and I saw the light, lol!

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1 hour ago, soon said:

Maybe an IPA (India Pale Ale)? Or maybe the US version the APA especially go fruity. Lots of citrus, pineapple, mellon notes maybe? 

I must admit I got into super hoppy beers like fruity IPAs for a while, until one day the hops were puckering my tongue and I saw the light, lol!

yup, people just have no idea what they are drinking, thinking that the shitty mass produced pale lager is the only way to go.

actually, I really like Oskar Blues stuff, it's quite rare here in Europe but sometimes someone manages to import it.

especially their Death By Coconut coconut porter is extremely good.

so they have my full support in their poking of the GNR sellout shit with a stick ;) 

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