John Wayne’s Heirs Sue Duke University
September 10, 2014
John Wayne Enterprises (a company run by Wayne’s heirs) has filed suit in the federal district court in Santa Ana, California, requesting a declaratory judgment finding that they can use the word “Duke” without infringing on Duke University’s trademark.
John Wayne Enterprises has been feuding with Duke University for several years over whether or not Wayne’s heirs may use the name “Duke” to promote their line of alcohol. The fight has been going on for over a decade, and last year, the university tried to block John Wayne Enterprises from registering the trademark for alcoholic beverages.
The United States Patent and Trade Office lists more than 250 active trademarks that include the word “Duke,” including jazz legend Duke Ellington and a brand of mayonnaise. The heirs now seek judgment that there is no likelihood of confusion and that their attempts to register and use “Duke” alcohol will not dilute Duke University’s own rights.