The Duke Suing Duke University

[Asclepias]

John Wayne's family is suing Duke university for blocking their attempts to acquire federal trademarks in order to use the name "Duke" in the whiskey they are attempting to market. This should be an interesting one and I hope the university wins. What do you think the decision should be? Will the iconic actors well known handle influence the decision?

John Wayne's family, university 'Duke' it out over name - CNN.com

 

[blastoff]

I think the family should be allowed and think they will be. For starters, I can't imagine if they market a bourbon under the Duke name that they won't also include an image of him in their logo, labeling, and whatnot so it would therfore be clear to any consumers it's named after the actor John "Duke" Wayne and thus has nothing to do with the university.

Having been involved in a few trademark battles in the corporate world though I understand where the school is coming from with their actions. They have Duke trademarked for various uses related to their institution and it behooves them to raise the issue in court if for no other reason than it leaves a paper trail or record of them protecting their rights to it.

That might sound like a waste of time, energy, money, and serve to clog up a court's docket, but that's the way it is in the messy world of trademark law.

 

[Jarlaxle]

Wouldn't it be easier for all concerned for them to just licence the name for a token fee (say, 5-10 cents/bottle), rather than go through all the BS?

 

[whitehall]

Can't the Duke's family make a buck on their own after forty years without sniffing up John Wayne's dead ass?

 

[TheOldSchool]

Well Duke University is definitely doing their part in guaranteeing that this whiskey becomes the staple of all their undergrads' parties

The backfire will be hilarious

 

[BobPlumb]

I think the family should be allowed and think they will be. For starters, I can't imagine if they market a bourbon under the Duke name that they won't also include an image of him in their logo, labeling, and whatnot so it would therfore be clear to any consumers it's named after the actor John "Duke" Wayne and thus has nothing to do with the university.

Having been involved in a few trademark battles in the corporate world though I understand where the school is coming from with their actions. They have Duke trademarked for various uses related to their institution and it behooves them to raise the issue in court if for no other reason than it leaves a paper trail or record of them protecting their rights to it.

That might sound like a waste of time, energy, money, and serve to clog up a court's docket, but that's the way it is in the messy world of trademark law.

Kind of like a dog marking his territory.

 

[BobPlumb]

Well Duke University is definitely doing their part in guaranteeing that this whiskey becomes the staple of all their undergrads' parties

The backfire will be hilarious

John Wayne could become the new Jim Bean.