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Old 07-09-2014, 01:22 PM
 
Location: Chapel Hill, N.C.
36,499 posts, read 54,058,385 times
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Interesting trademark case between estate of John Wayne and Duke University. I would like to know how much money Duke gets from trading its trademark and logo compared to Duke (Wayne's) endorsements. But it shouldn't make any difference. Whatever the numbers the lawyers for both sides are the ones making the real money.
John Wayne Heirs Sue University Over the Name Duke - ABC News
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Old 07-09-2014, 04:38 PM
 
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Quote:
Originally Posted by no kudzu View Post
Interesting trademark case between estate of John Wayne and Duke University. I would like to know how much money Duke gets from trading its trademark and logo compared to Duke (Wayne's) endorsements. But it shouldn't make any difference. Whatever the numbers the lawyers for both sides are the ones making the real money.
John Wayne Heirs Sue University Over the Name Duke - ABC News
They are going to lose. You can't trademark a family name....and Duke is named after the family that helped endow it. Now, if Duke was using John Wayne's image....than there could be a case.

I think some of the 'heirs' are hard up for cash and seeking a payday.
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Old 07-09-2014, 05:44 PM
 
Location: Raleigh
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Quote:
Originally Posted by ScarletG View Post
They are going to lose. You can't trademark a family name....and Duke is named after the family that helped endow it. Now, if Duke was using John Wayne's image....than there could be a case.

I think some of the 'heirs' are hard up for cash and seeking a payday.
I agree. Furthermore, I think its kind of ridiculous that although Marion Morrison had already acted in his first films, he was little more than a bit star and hardly known as "The Duke" in 1927, when Duke changed its name.
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Old 07-09-2014, 05:53 PM
 
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Quote:
Originally Posted by ScarletG View Post
They are going to lose. You can't trademark a family name....and Duke is named after the family that helped endow it. Now, if Duke was using John Wayne's image....than there could be a case.

I think some of the 'heirs' are hard up for cash and seeking a payday.
Read the article. That's not what the lawsuit is about. At all. WRAL has a better article about it, but John Wayne Enterprises (JWE) is seeking to market a brand of bourbon named "Duke." The University, meanwhile, has consistently blocked JWE's attempts in the past to use the name "Duke" in commercial avenues (restaurants, etc) because they contend it would cause confusion and would dilute their brand name. Lawsuits aren't always about "seeking a payday" and in this case JWE only seeks to be able to use the "Duke" name as part of their currently existing portfolio of products. They're not seeking some payout from Duke University, only a legal opinion stating that it's not likely that use of the word "Duke" by JWE wouldn't infringe on any of Duke University's trademarks and isn't likely to cause confusion.

And one can't trademark a family name? Wholly incorrect. McDonald's, Johnson & Johnson, Disney, R.J. Reynolds, H.J. Heinz, Hardee's, and a host of others would vigorously defend their trademarks in court any day of the week.
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Old 07-09-2014, 06:03 PM
 
Location: Richmond VA
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Why not call the bourbon "THE Duke"?

Doesn't everyone know the difference between Duke and THE Duke?
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Old 07-09-2014, 06:05 PM
 
Location: Richmond VA
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Dang it! Now I have a "Duke of Earl' earworm, so I'm going to infect the rest of you with it also!
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Old 07-09-2014, 06:42 PM
 
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The N&O also has an excellent piece on it - and an image of the proposed label:



I honestly don't see how the University thinks their marks could get confused with this - the image of Wayne, the signature, the spur, the distinct lack of the color blue or any use of fonts used by the University.
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Old 07-09-2014, 07:40 PM
 
Location: NC
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Originally Posted by Stagemomma View Post
Why not call the bourbon "THE Duke"?

Doesn't everyone know the difference between Duke and THE Duke?
I wondered the same.....
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Old 07-09-2014, 08:55 PM
 
Location: Chapel Hill, N.C.
36,499 posts, read 54,058,385 times
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from NPR

An Actor, A University And A Famous Name Lead To A Lawsuit : The Two-Way : NPR
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Old 07-10-2014, 05:25 AM
 
Location: NC
11,221 posts, read 8,296,418 times
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Similar (in some ways) to the case against Natty Greens. Anheuser Busch is claiming their name "Natty" causes confusion with their brand "Natural Light" (AKA "Natty Light"). I find it hilarious, there is no confusion.

Natty Green has pretty good beer. Natty Light is like having sex in a canoe...

Spoiler
F-ing near water


The world was a better place when everything was not litigated.
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