Politics, Weather, Photography, and the Dog
Tuesday 8 July 2014

The heirs of actor John Wayne, who manage his likeness and other trademarks associated with him, have sued Duke University to resolve a long-running dispute over the name:

Duke University has been fighting with the late actor's heirs over "Duke" trademarks (restaurant services, gaming machines, celebrity licensing services, etc.) for nearly a decade, and last year, the school stepped forward after John Wayne's family attempted to register "Duke" for all alcoholic beverages except beer.

The school told the Trademark Office, "Consistent with its policies and in order to prevent tarnishment of its brand, [Duke University] does not permit use of confusingly similar marks associated with unapproved goods or services, of uncertain quality and/or unregulated by [Duke University]." Duke University, established in 1838, added that what the actor's heirs wanted to grab threatened its own hold on a variety of food products and beverages.

John Wayne Enterprises is now going to federal court over the objection, asserting jurisdiction in the Central District of California because the school actively recruits students there, raises money there, maintains alumni associations there and sells university-related products there.

One thing that the private research university doesn't do? "Duke University is not and never has been in the business of producing, marketing, distributing, or selling alcohol," states the complaint. "On information and belief, the actual and potential customer base of Duke University is vastly different from the customer base of JWE."

The actor's family now is seeking a declaratory judgment that there is no likelihood of confusion and that its attempts to register and use "Duke" alcohol will not dilute Duke University's own rights.

Later, I'll be going to the Duke of Perth to duke this out with my friend Earl.

Tuesday 8 July 2014 15:25:42 CDT (UTC-05:00)  |  | Duke | US#
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David Braverman is a software developer in Chicago, and the creator of Weather Now. Parker is the most adorable dog on the planet, 80% of the time.
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