Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Family of John Wayne Fights with Duke University Over Name
Legal Insurrecton ^ | July 10, 2014 | Aleister

Posted on 07/13/2014 12:47:37 AM PDT by expat1000

John Wayne’s heirs are taking Duke University to court over the family’s right to market bottles of bourbon branded with the late movie star’s nickname, Duke.

A federal lawsuit filed last week is the latest salvo in a long-running legal duel between the North Carolina university and California-based John Wayne Enterprises over commercial products featuring the name. The late actor used the moniker since childhood, when he adopted the name of the family dog.

Lawyers for the university say allowing the Wayne estate to use the name could cause confusion and “diminish, dilute and tarnish” the value of the name, for which both parties hold trademarks.

A message seeking comment from the John Wayne Enterprises was not immediately returned.

The proposed bourbon label would feature an image of Wayne holding a rifle with “Duke” emblazoned over it in bold letters and the phrase “A man’s gotta do what a man’s gotta do,” according to court filings.

(Excerpt) Read more at collegeinsurrection.com ...


TOPICS: Miscellaneous; Music/Entertainment
KEYWORDS:

1 posted on 07/13/2014 12:47:37 AM PDT by expat1000
[ Post Reply | Private Reply | View Replies]

To: expat1000

Oh good grief.


2 posted on 07/13/2014 12:54:03 AM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

Hey, he’s holding a rifle, not a lacrosse racquet. Tell me again who is doing what to diminish the Duke University brand?


3 posted on 07/13/2014 12:55:41 AM PDT by NonValueAdded ("The Arab Spring is over. Welcome to the Jihadi Spring." Jonah Goldberg)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000
The proposed bourbon label would feature an image of Wayne holding a rifle with “Duke” emblazoned over it in bold letters and the phrase “A man’s gotta do what a man’s gotta do,” according to court filings.

That's racist. Not quite sure how, but it's racist. I'm sure Crystal Magnum will know.

4 posted on 07/13/2014 1:01:03 AM PDT by Fresh Wind (The last remnants of the Old Republic have been swept away.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fresh Wind

I thought it was pretty racist to put her in jail for killing her pimp too.


5 posted on 07/13/2014 1:09:54 AM PDT by jospehm20
[ Post Reply | Private Reply | To 4 | View Replies]

To: jospehm20

Not only that, but it’s further evidence of the Republican War On Women™.


6 posted on 07/13/2014 1:13:23 AM PDT by Fresh Wind (The last remnants of the Old Republic have been swept away.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: expat1000

Duke University is now Kook University


7 posted on 07/13/2014 1:20:27 AM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fresh Wind

Thanks. I completely missed that.


8 posted on 07/13/2014 1:23:02 AM PDT by jospehm20
[ Post Reply | Private Reply | To 6 | View Replies]

To: expat1000

The 84 Leftist professors who signed the infamous petition supporting the lying stripper/murderer demolished Duke University’s brand. Why weren’t they sued....or at least fired? Instead, they are still on the payroll and still infecting students with their virulent racism.


9 posted on 07/13/2014 2:33:22 AM PDT by txrefugee
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

He started publicly using it so many years ago, which was the time to sue.

I don’t know how many other uses of “Duke” John Wayne Enterprises has been using and for how long, but I think a tradename has to be defended in all significant cases in order to have a case.

I’m no expert, but I don’t think it helps your case if you let someone infringe on your tradename for decades.

It’s silly, IMHO, cuz everybody knows who “the Duke” is.

I really don’t see the damage to the image, either; it’ll probably help draw students. It’s not like drinking and college is some big secret. Hey, new world order wants to spread alcohol excess and recreational drugs throughout the college population, I would think they’d be willing to pay to license the drink as the official drink of the school.

Oh, I get it. John Wayne is well-liked by a lot of conservatives.

Ahhh, now it makes sense. Colleges don’t want students exposed to ANYTHING REMOTELY conservative - even while the students are drunk.


10 posted on 07/13/2014 3:23:37 AM PDT by PieterCasparzen (We have to fix things ourselves)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

I don’t see the problem. There’s not an inkling of Duke University in that label.


11 posted on 07/13/2014 3:36:56 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: PieterCasparzen
A federal lawsuit filed last week is the latest salvo in a long-running legal duel between the North Carolina university and California-based John Wayne Enterprises over commercial products featuring the name

But, yes, I agree the university probably wouldn't bother if it had been ORTEGA beer or something...

12 posted on 07/13/2014 3:37:23 AM PDT by expat1000
[ Post Reply | Private Reply | To 10 | View Replies]

To: expat1000
The Bush's Baked Beans family dog better watch out as well.


13 posted on 07/13/2014 3:49:19 AM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

Those libs can’t say the word right. It’s not ‘dook’.


14 posted on 07/13/2014 4:07:29 AM PDT by Recompennation (Constitutional protection for all not ju st selectively for Democrats.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

Was not john wayne known as “the duke”

Solved it. Now on to the irs scandal

T


15 posted on 07/13/2014 4:38:45 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

http://en.wikipedia.org/wiki/Duke_University

Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present-day town of Trinity in 1838, the school moved to Durham in 1892.[6] In 1924, tobacco and electric power industrialist James B. Duke established The Duke Endowment, at which time the institution changed its name to honor his deceased father, Washington Duke.


16 posted on 07/13/2014 4:56:19 AM PDT by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

17 posted on 07/13/2014 5:03:17 AM PDT by mac_truck ( Aide toi et dieu t aidera)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

Boston talk host Howie Carr, a UNC grad, has said they used to sing (to the tune of The Old Grey Mare) Oh, I don’t give a damn about Duke University, Duke University...


18 posted on 07/13/2014 5:46:08 AM PDT by raccoonradio
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000; All

(And later bumper stickers: "Dump the Duke"; "The Duke makes me puke")
19 posted on 07/13/2014 5:48:29 AM PDT by raccoonradio
[ Post Reply | Private Reply | To 1 | View Replies]

To: NonValueAdded

“The Duke” will never be confused with Duke University. The suit is without merit.


20 posted on 07/13/2014 5:54:50 AM PDT by luvbach1 (We are finished. It will just take a while before everyone realizes it.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: raccoonradio

Oh, I forgot to think of the other, much less famous, Duke.


21 posted on 07/13/2014 5:57:09 AM PDT by luvbach1 (We are finished. It will just take a while before everyone realizes it.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Fresh Wind
Yep. The problem isn't the use of the name. The problem is the misuse of the image.

I think it can be argued that the name is fairly generic.

22 posted on 07/13/2014 6:02:29 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
[ Post Reply | Private Reply | To 4 | View Replies]

To: expat1000

That’s ridiculous.


23 posted on 07/13/2014 6:44:35 AM PDT by bgill
[ Post Reply | Private Reply | To 1 | View Replies]

To: txrefugee

Duke University (spitting) WHAT brand???????


24 posted on 07/13/2014 6:51:31 AM PDT by Shimmer1 (If chocolate fudge cake could sing, it would sound like Barry White.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: expat1000

Blow it out your ass!

25 posted on 07/13/2014 7:06:24 AM PDT by Rodamala
[ Post Reply | Private Reply | To 1 | View Replies]

To: raccoonradio

The correct lyrics:

Ohhhh, we don’t give a damn for the whole state of Michigan
Whole state of Michigan
Whole state of Michigan

We don’t give a damn for the whole state of Michigan

We’re from Ohio.

We’re from Ohio (O-H!)
We’re from Ohio (I-O!)

(repeat)


26 posted on 07/13/2014 8:57:16 AM PDT by pleasedontzotme
[ Post Reply | Private Reply | To 18 | View Replies]

To: expat1000

Duke University is becoming Drunk University? I hope the Drunks will play UConn in basketball or football every year.


27 posted on 07/13/2014 9:21:29 AM PDT by ExCTCitizen (I'm ExCTCitizen and I approve this reply. If it does offend Libs, I'm NOT sorry...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000
A message seeking comment from the John Wayne Enterprises was not immediately returned.

Nor should they. Just keep loading up the cartridges.

28 posted on 07/13/2014 9:42:36 AM PDT by Focault's Pendulum (I live in NJ....should' Nuff said!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jack Hydrazine
In 1924, tobacco and electric power industrialist James B. Duke established The Duke Endowment, at which time the institution changed its name to honor his deceased father, Washington Duke

According to Wikipedia, a firefighter started calling Wayne "Duke" around 1916 because he always had his dog named Duke. So he was Duke before Duke was Duke.

29 posted on 07/13/2014 9:51:35 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Starstruck

Oh, brother!

Think I’ll go listen to some Rappin’ Duke.

Dah ha!
https://www.youtube.com/watch?v=85G5SI5Nu3s

The Duke Is Back
https://www.youtube.com/watch?v=ys-uVd3u1Vg


30 posted on 07/13/2014 10:02:33 AM PDT by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
[ Post Reply | Private Reply | To 29 | View Replies]

To: expat1000

If Duke University is so set on stopping people using the name then why have they not sued James Madison University? JMU’s mascot is a bulldog named “Duke.”


31 posted on 07/13/2014 12:20:01 PM PDT by OldMissileer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Starstruck

I thought the dog’s name was Indiana.... : )


32 posted on 07/13/2014 12:28:00 PM PDT by minnesota_bound
[ Post Reply | Private Reply | To 29 | View Replies]

To: txrefugee

The university itself has destroyed its own good name.


33 posted on 07/13/2014 12:31:30 PM PDT by ladyjane
[ Post Reply | Private Reply | To 9 | View Replies]

To: minnesota_bound

I see what you did there, Junior.


34 posted on 07/13/2014 12:53:46 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: expat1000

Then maybe they should call it “The Duke”


35 posted on 07/13/2014 12:57:01 PM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expat1000

Life is hard, its even harder when your stupid.


36 posted on 07/13/2014 2:49:17 PM PDT by eyedigress ((zOld storm chaser from the west)/?s)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson