A naming dispute has arisen between the estate of Western movie icon John Wayne and Duke University in Durham, N.C. John Wayne’s heirs, in the form of John Wayne Enterprises, have filed a lawsuit against Duke University claiming that the University has stymied their efforts to market a line of spirits which use the actor’s nickname, Duke.
University lawyers state that the Enterprise’s intended use of Duke will cause confusion and “diminish, dilute and tarnish” the name. John Wayne, however, had a habit of speaking deliberately and it’s not hard to imagine him calling B.S. on that one, considering Duke University’s founding ties to tobacco fortunes.
The lawsuit is the latest filing in a longstanding trademark feud between John Wayne Enterprises and Duke University. In 2005, Duke University denied Wayne’s heirs the right to open a restaurant using the name Duke.
University lawyers state that the Enterprise’s intended use of Duke will cause confusion and “diminish, dilute and tarnish” the name. John Wayne, however, had a habit of speaking deliberately and it’s not hard to imagine him calling B.S. on that one, considering Duke University’s founding ties to tobacco fortunes.
The lawsuit is the latest filing in a longstanding trademark feud between John Wayne Enterprises and Duke University. In 2005, Duke University denied Wayne’s heirs the right to open a restaurant using the name Duke.
In their complaint, Enterprises makes the observation that the University does not have exclusive rights to the word, Duke. "Duke is a common word that has been used for centuries in a wide array of commercial and other applications wholly independent of Duke University,” the complaint reads. Enterprise’s lawyers also make the point that the United States Patent and Trademark Office lists more than 250 active trademarks that include the word "Duke," including jazz legend Duke Ellington and a brand of mayonnaise.
Duke Spirits’ flagship liquor is a Kentucky Straight Bourbon inspired by John Wayne’s whiskey collection. The distillers use a hand crafted small-batch approach that is aged in hand-built American Oak Barrels. The label features a black and white outline of John Wayne walking tall, rifle in hand with the quote, “A man’s gotta do what a man’s gotta do.”
John Wayne’s characters always exhibited a sense of justice based on common sense. Let’s hope the courts deciding the trademark lawsuit do too, and soon we can all share a drink with the Duke himself.
Duke Spirits’ flagship liquor is a Kentucky Straight Bourbon inspired by John Wayne’s whiskey collection. The distillers use a hand crafted small-batch approach that is aged in hand-built American Oak Barrels. The label features a black and white outline of John Wayne walking tall, rifle in hand with the quote, “A man’s gotta do what a man’s gotta do.”
John Wayne’s characters always exhibited a sense of justice based on common sense. Let’s hope the courts deciding the trademark lawsuit do too, and soon we can all share a drink with the Duke himself.
Richard Barry is located in Washington, D.C. where he tends interests in food, drink and entertainment. He once rode a bike across the country. Follow him on Twitter @richbarrys and check out his blog at simplepropblog.com
