Posted on 07/14/2014 8:06:48 AM PDT by Academiadotorg
Its a classic clash of symbols: The family of a right-wing icon goes head to head with a left-wing school, but for distinctly apolitical reasons. Heirs of the late movie legend John Wayne have filed a lawsuit against Duke University over use of the Duke nickname , which the family wants to register for use in marketing bourbon and other alcoholic beverages, CBS Los Angeles reported recently.
Duke University states that the grounds for the Oppositions are deceptiveness, false suggestion of a connection, priority and likelihood of confusion, and dilution, the family claims in its lawsuit. John Wayne Enterprises filed suit in LA on July 3.
Apparently, Duke University believes that products bearing John Waynes world renowned image and signature, like the bottle of bourbon depicted in Exhibit A attached hereto, will somehow be confused as being associated with Duke University, the familys attorneys allege. The bottle of bourbon in Exhibit A is imprinted with Monument Valley Distillers.
John Waynes image and signature are prominently featured on the label, along with the words Kentucky Straight Bourbon Whiskey Small Batch and the image of a shot gun shell casing. Somehow we think the Duke would have approved, provided, of course, that it was a really good bourbon.
Heres the final irony: Duke University actually takes its name from that of the famous family which donated generously to the school. The Duke family fortune, in turn, came from tobacco, a little bit of history the infamously politically correct university is loathe to disclose.
The Smoke vs. the Drink! Which one will win?
I’m so glad we live in a world where there is so little wrong that this is the sort of thing we have time for./sarc
Another example of why Shakespeare was right . . . first, kill all the lawyers.
So when I buy Duke’s mayonnaise in the south I know I’m helping send a college student to class. Is that correct?
gee, the Blue Devils’ lawyer must have missed that one;>)
Utterly ridiculous suit.
Shakespeare meant nearly the exact opposite of what you seem to think he meant.
https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/D68106DCD8DF625885256ADB005D6229
Check the Fourth Interpretation, written by a lawyer.
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