back to article Crap band sues crap beer maker: Hair-metal rockers have an Axl to grind over Guns N' Rosé

Aged rockers Guns N' Roses are suing a Colorado brewery which has been flogging Guns N' Rosé beer. The fruit beer is flavoured with hibiscus and prickly pear, according to RatemyBeer – reason enough for legal action, we reckon. The 6 per cent brew gets a 3.1 out 5 by users of the site. It seems like Oskar Blues Brewery has …

  1. Stephen McLaughlin

    Axl should be happy someone remembers them.

    Long washed up now, I can't remember the last time I heard one of their songs.

    1. Mark 85

      Re: Axl should be happy someone remembers them.

      Exactly. Isn't "any publicity good publicity"?

    2. Killing Time

      Re: Axl should be happy someone remembers them.

      The 2016-2018 'Not in This Lifetime' tour reputedly grossed in excess of $500M.

      I'll stick my neck out and say some people remember them...

      1. PhilipN Silver badge

        Re: Axl should be happy someone remembers them.

        The music biz loves tossing out big numbers. All part of the hype.

        Anyone remember the 60 million quid deal Robbie Williams did with EMI?

        "Robbie who?"

        1. The Nazz

          Re: Axl should be happy someone remembers them.

          Re Robbie Williams

          I recall the press were quoting the deal at £80m.

          For any novice collector who wishes to build a complete RW collection may i suggest your nearest, or indeed any charity shop, they will oblige as a one stop shop.

          Back in my youth, as part of an admittedly amateurish and crap "punk" band, we had a band Anna. Nice girl and ever so obliging.

          1. werdsmith Silver badge

            Re: Axl should be happy someone remembers them.

            Robbie Williams is lately in the news for upsetting Jimmy Page.

            Jimmy lives in a posh house previously the home of John Betjeman and Richard Harris. He feels that his boyband neighbour is endangering the foundations by excavating his basement for a swimming pool.

            Williams objects to Page's planning objections by being a neighbour from hell and doing bad Robert Plant impressions.

      2. GruntyMcPugh Silver badge

        Re: Axl should be happy someone remembers them.

        @Killing Time

        That's true, but you were either there in '87 and saw them on the 'Appetite for Destruction' tour (as I was) or you weren't. Seems people are very keen to try and recapture that epoch, but you can't go back.

        1. Killing Time

          Re: Axl should be happy someone remembers them.

          @GruntyMcPugh

          I fully agree with you. I wouldn't pay top dollar for a nostalgia trip. I would rather see a number of up and coming bands in their acendancy for the same money.

          Personally I think Appetite is a good album which was just elevated by the poor Hair Metal which was around at the time, however that doesn't change the fact that GnR shifted a shed load of albums and clearly retain a lot of fans prepared to shell out to see them again.

          Perhaps it's just a reflection of the state of rock music in the late eighties and that generation of fans highlights.

    3. Valerion

      Re: Axl should be happy someone remembers them.

      Long washed up now, I can't remember the last time I heard one of their songs.

      I hear them on the radio daily. Try changing the station from Magic or Heart to Absolute. They are currently playing The Cult. No chart drivel.

    4. IceC0ld

      Re: Axl should be happy someone remembers them.

      also AXL isn't exactly the same sylph like silhouette he once was either, more an AXXXL infact :oP

      but I DO like the Guns n Rose' play

      are there any other items with closely matched names out there ?

      I know the music side of things was always rife with the tribute bands carrying clever plays on names

      Oasis - No Way Sis

      and so on

  2. Snowy Silver badge
    Facepalm

    Trademark

    You defend it or it get diluted, they asked them to stop. Which they did not so they only option after that is to sue them.

    As for finding mention of it on their site try "site:www.oskarblues.com Guns N' Rosé"

    1. Sorry that handle is already taken. Silver badge

      Re: Trademark

      Beer and music don't fall into the same trademark categories though...

      I presume the clothing will give them trouble though. The brewery should probably have trodden more carefully there.

      1. Prst. V.Jeltz Silver badge

        Re: Trademark

        hmm , i didnt know trademarks were divided up like that.

        Might knock up some Metalica beer .....

        Iron Maiden have their own already apparently, in fact GnR should do that just to win this case ..

  3. David 132 Silver badge
    Pint

    The brewery should take a tip from Apple

    And rename the beer “Butthole Musician”.

    (Which, now I come to type it, sounds like someone who farts out tunes... so, doubly appropriate in the case of GnR)

    1. Mike 16

      Re: Butthole Musician

      But then they would be sued by whoever currently owns the catalogue of Le Petomane

      https://en.wikipedia.org/wiki/Le_P%C3%A9tomane

      Although I doubt he is still performing, having died in 1945. One never knows.

      1. the spectacularly refined chap

        Re: Butthole Musician

        Although I doubt he is still performing, having died in 1945. One never knows.

        No, it's only a year dead fox tax reasons.

      2. Jedit Silver badge
        Flame

        "sued by whoever currently owns the catalogue of Le Petomane"

        So far as I know Mr Methane is still alive, though.

        (Icon: didn't notice it said "ears", honest guv.)

    2. Boo Radley

      Re: The brewery should take a tip from Apple

      Come on guys, GnR was a decent enough band in their time. Stop picking on them!

      1. Anonymous Coward
        Anonymous Coward

        Decent enough?

        Alright, in a tolerable support band sort of way, maybe.

        But as a headline act, or recording purchase, no.

        Yes, I'm old, bad tempered and the musicians I like are nearly all dead.

        1. Killing Time

          Re: Decent enough?

          If you like nearly dead musicians at least three of them almost died through alcohol and drug abuse so they appear to fall into your criteria,

          A band with the best selling debut album of all time as a support act? I don't think so.

          1. Youngone Silver badge

            Re: Decent enough?

            A band with the best selling debut album of all time as a support act? I don't think so.

            Rating music by the number of copies sold pretty quickly has you trying to defend Katy Perry or even Kiss.

            1. Killing Time

              Re: Decent enough?

              'Rating music by the number of copies sold pretty quickly has you trying to defend Katy Perry or even Kiss.'

              Actually I was pointing out that an act which has sold a truly significant amount of albums is just not going to be a support band to someone else. Additionally, as it happens, Appetite for Destruction didn't receive much acclaim or sales when first released.

              If you are going to contribute you really should check you facts before exposing your prejudices.

              1. werdsmith Silver badge

                Re: Decent enough?

                If you are going to contribute you really should check you facts before exposing your prejudices..

                Debut album. Come on.

                1. Killing Time

                  Re: Decent enough?

                  'Debut album. Come on.'

                  There appears to be an omission from your post, something like a point?

                  1. werdsmith Silver badge

                    Re: Decent enough?

                    Like their album title was self fulfilling,

          2. GruntyMcPugh Silver badge

            Re: Decent enough?

            Weeeeeelllll, they had one decent album, I'll give you that, and I saw them on the tour, in '87,.. but on the night, their support band 'Faster Pussycat' (at Nottingham Rock City) put on the better show.

            1. JoMe

              Re: Decent enough?

              And yet almost nobody knows who Faster Pussycat is.... curious no?

              1. JoMe

                Re: Decent enough?

                Well, downvoter? Do they?

      2. JoMe

        Re: The brewery should take a tip from Apple

        Eh some people like to blow off steam. Not like they had a number one album on the top 200 billboard (Appetite for Destruction, 1987), have any member of their band in a "top 100 of all time" list (Slash, 65), has a singer with decent range (Axl Rose*), or get inducted into the Rock n Roll hall of fame (2012 I believe), and hey Elton John didn't even know who they were (oops, he played piano onstage for November Rain).

        Nope, I guess to some people who wouldn't know rock if it bit them on the bum, they're just an unknown bunch of rockers that did nothing of note, had nobody of note, or played anything iconic to the genre like Sweet Child o' Mine or Welcome to the Jungle. Sigh.

        * Axl is near the top of the list for range, 5 octaves with a 2.5 note range. Yes there are more out there, but he's somewhere around 6th in the top ten of history.

    3. Blank Reg

      Re: The brewery should take a tip from Apple

      Then they will get sued by the band Butthole Surfers.

      https://en.wikipedia.org/wiki/Butthole_Surfers

    4. skeptical i
      Pint

      Re: The brewery should take a tip from Apple

      Or call it "Fat Axl" -- it would have to be a blond, full-bodied ale -- and serve it in a glass with a bandana wrapped around the base instead of on a coaster.

      Then he'd have the admirable job of claiming to a court that yes, it is some sort of trademark infringement because, yes indeed, he is the Fat Axl namesake.

      1. Jonathon Green
        Pint

        Re: The brewery should take a tip from Apple

        It would also have to not actually appear on the bar until about an hour and a half after you’d ordered it...

  4. Alistair
    Windows

    Sounds like a reach to me.

    Both the beverage and the band.

    And if my recollection stands correct, one would want to have consumed quite a few of the Guns and Rose before attending a Guns and Roses concert.

    (Yes, I get the copyright/trademark defence, but I'd be asking them to stop brewing crap in my name, it would be more about defending the palates of their victims than the band's trademark)

    1. beep54

      Re: Sounds like a reach to me.

      Waterloo Brewing here in Austin (sadly, long gone) used to brew up a prickly pear ale ever so often. It was yummy.

      1. I ain't Spartacus Gold badge

        Re: Sounds like a reach to me.

        I like a fruit beer every so often. I blame the Belgians. Dangerous stuff though, if you're sitting outside a bar, the sun is shining and the beer is 8% - the only thing that can save you from falling into a drunken stupor is the slow service that you get almost everywhere in Brussels.

        1. Chris Parsons

          Re: Sounds like a reach to me.

          Nonsense. Mort Subite has outstandingly good service, and is the best bar in the world.

  5. wayne 8

    Streisand Effect?

  6. Malcolm Weir Silver badge

    I think it's dodgy, and probably inspired by lawyers thinking to bill some hours.

    First of all, the logos are very different. Second, the words are different. Third, beer is not music or clothing (which is what the band has a trademark about), So fundamentally is 'Guns 'n' Rose' likely to confuse anyone into thinking this is a product associated with 'Guns n' Roses'? of course not!

    1. J27

      Guns n Roses sells a lot of merchandise. I think the argument is that you could reasonably believe this beer was licensed merchandise, I think it's definitely possible that someone might think this beer was endorsed by the band.

    2. JoMe

      Beer isn't related to rock music in such a manner as someone could think this was endorsed by the band? How curious...

      1. Anonymous Coward
        Anonymous Coward

        And yet AC/DC have their own booze....

        1. JoMe

          Ok... not sure how that changes what I said...?

  7. Anonymous Coward
    Anonymous Coward

    Could they not get round this by watering it down with November rain?

    1. Anonymous Coward
      Anonymous Coward

      No, that would take too long. All we need is just a little patience.

      1. Ken Shabby
        Pint

        14 years?

      2. JoMe

        Don't cry, I'm sure we'll sort it out before we're knockin' on heavens door...

  8. Gene Cash Silver badge
    Pint

    Fat Axl

    God... I forgot about that. One of the few truly funny memes.

  9. Huw D

    It's a good job the lunatic hasn't bothered chasing down all the tribute acts.

    Similar logo? Check.

    Name is a play on "Guns '/N' Roses? Check.

    Oh, hang on. They indirectly earn money from them.

  10. TheProf

    I'll not have one of those

    I'll stand with the band on this one.

    It's not nice to be hoodwinked and that's what this brewery is doing. Selling beer and 'pretending' it isn't anything to do with Guns N' Roses when all the imagery surrounding it is carefully designed make the buyer think it's connected with GNR.

    It's a false association with a well known brand name and it's dishonest.

    1. beep54

      Re: I'll not have one of those

      It is not dishonest, it's a joke, a parody, something that craft brewers do all the time with beer names.

    2. Anonymous Coward
      Anonymous Coward

      Re: I'll not have one of those

      Quite right. And I strongly disapprove of the obvious attempt by these new fangled "popular" musicians to capitalise on the reputation of the Great Northern Railway.

      OK so it disappeared in 1923. But before that my grandfather had returned from the War hoping to return to his home in London and was promptly posted up to Lincolnshire to refurbish signal boxes, which he hated. For him there was only one GNR.

      1. Anonymous Coward
        Anonymous Coward

        Damn right!

        Disrespecting our bloody railways!

    3. werdsmith Silver badge

      Re: I'll not have one of those

      It's not nice to be hoodwinked and that's what this brewery is doing.

      You'd have to be a long way past the stupid side of stupid to be hoodwinked by this.

      1. Wellyboot Silver badge
        Coat

        Re: I'll not have one of those

        We 'are' talking about leftpondians here.

        The one with the logo...

  11. Winkypop Silver badge
    Trollface

    Sounds awful

    Both

  12. Dave 126 Silver badge

    Duff Beer

    The beer in The Simpsons, Duff McKagen, was named after Guns n Roses' bass player. Before Duff ended up in intensive care and stopped drinking, Axl had introduced him as "Duff, King of beers" on a US talkshow.

    Source: Saturday Live - @bbcradio4 http://www.bbc.co.uk/programmes/m0004mz6

  13. Big_Boomer Silver badge

    Try it before you diss it

    No, not GnR, I mean the beer. Typical lager/bitter drinkers narrow minded comments w.r.t. to the Guns & Rosé Beer. Yes, the idiot brewers are in breach of copyright, yes a fruit beer can be quite nice (try Hoegaarden Rosé or Bellevue Kriek). I grew up in Beer Heaven (Belgium) so have quite broad tastes in Beer ranging from a nice crisp IPA or a fresh Triple, to a dark Trappist or a fruity Lambic. I also had a very pleasant Blueberry Wheatbeer microbrew in Florida a few years ago.

  14. I ain't Spartacus Gold badge

    I do love a nice fruit beer, and I've got several people to try it - often by serving it before dinner and not telling anyone what it was until afterwards. Not had much success with lambic though, as I don't think anyone that I've asked to try mine has thought much of it.

  15. 5p0ng3b0b
    Pint

    Bums n' Noses

    As well as liking beer, my dog is really into bums n' noses. She often produces shit and has a slash. Sue that Axl,

    1. I ain't Spartacus Gold badge
      Happy

      Re: Bums n' Noses

      And now I want to start a tribute band called Bums & Noses and tour the world!

      1. 5p0ng3b0b
        Trollface

        Re: Bums n' Noses

        Makes me want a to become an intellectual property lawyer and troll the world!

  16. Anonymous Coward
    Anonymous Coward

    Elvis Juice

    Reminds me of the Elvis Presley estate suing british beer maker Brewdog for making a beer called Elvis Juice. Eventually, Brewdog won, and rightly so. Hopefully the brewer in this case fight, win and stick is removed from the arse of GNR.

    1. A. Coatsworth Silver badge

      Re: Elvis Juice

      I'll side with the band on this one. Other acts have created their own beers (Iron Maiden with its decent Trooper and rather good Red and Black) or endorsed a third party (like AC/DC with some truly horrid canned p*ss), and given that Guns N Roses clawed back from the grave a couple of years ago, it is very reasonable to think this is a sponsored product.

      Besides, what's the deal with a brewery selling bandannas?

      Not that I care fro GNR very much, but copyrights and names must be protected...

  17. JoMe

    Unfortunately

    This is the logic we live with today where any variation of the name can be sued over.

  18. Anonymous Coward
    Anonymous Coward

    I suspect GnR are just upset because they did not think of it first:

    https://thewhiskeywash.com/whiskey-styles/irish-whiskey/whiskey-review-the-pogues-irish-whiskey/

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