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Started By
Message
Duke Univ suing The Duke - WTF?
Posted on 7/9/14 at 1:29 pm
Posted on 7/9/14 at 1:29 pm
This is some bullshite right here. As if anyone is going to confuse the two. I bet all the parents paying tens of thousands in tuition are really happy the money is going to a team of lawyers for this purpose.
Actor John Wayne's heirs are dueling with Duke University 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 feud between the North Carolina university and California-based John Wayne Enterprises over who controls the trademark for commercial products featuring the name.
The university fired first, opposing a 2005 trademark application filed by the actor's heirs to use the name Duke for a restaurant. The school's lawyers say allowing Wayne Enterprises to use Duke could cause confusion and tarnish the moniker's value.
Wayne's heirs point to the actor's use of the nickname since childhood. The bourbon bottle features an image of Wayne holding a rifle with Duke emblazoned over it.
LINK
Actor John Wayne's heirs are dueling with Duke University 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 feud between the North Carolina university and California-based John Wayne Enterprises over who controls the trademark for commercial products featuring the name.
The university fired first, opposing a 2005 trademark application filed by the actor's heirs to use the name Duke for a restaurant. The school's lawyers say allowing Wayne Enterprises to use Duke could cause confusion and tarnish the moniker's value.
Wayne's heirs point to the actor's use of the nickname since childhood. The bourbon bottle features an image of Wayne holding a rifle with Duke emblazoned over it.
LINK
11
Posted on 7/9/14 at 1:31 pm to jbgleason
Just another reason to hate Duke U.
Posted on 7/9/14 at 1:31 pm to jbgleason
They should feel honored to even be able to run the risk of being confused with John Wayne.
Posted on 7/9/14 at 1:32 pm to jbgleason
John Wayne's real name was Marion.
Posted on 7/9/14 at 1:33 pm to jbgleason
quote:
Life is hard, its ever harder when you're stupid
Posted on 7/9/14 at 1:33 pm to jbgleason
Jesus, no one understands that you HAVE TO FIGHT THESE THINGS TO PROTECT YOUR TRADEMARK. If Duke doesn't sue for this and other similar uses, the trademark will become ineffective.
God. Damn. At least know this one simple fricking rule of law. Please.
God. Damn. At least know this one simple fricking rule of law. Please.
Posted on 7/9/14 at 1:35 pm to jbgleason
I hope Duke U gets 80lbs of compacted feces in their collective colons.
Posted on 7/9/14 at 1:35 pm to LoveThatMoney
quote:
God. Damn. At least know this one simple fricking rule of law. Please.
Does it have to be this one, or can it be another?
Posted on 7/9/14 at 1:38 pm to LoveThatMoney
God damn.
The entire premise of trademark law is that confusion as to the brand is foreseeable/likely.
Does anyone think that Duke University (the name of the institution) and DUKE with a picture of John Wayne holding a rifle are somehow similar?
Does Duke University market a brand of bourbon or run a chain of restaurants as to which I am unaware?
Or are you just a litigious attorney looking to bill some hours?
The entire premise of trademark law is that confusion as to the brand is foreseeable/likely.
Does anyone think that Duke University (the name of the institution) and DUKE with a picture of John Wayne holding a rifle are somehow similar?
Does Duke University market a brand of bourbon or run a chain of restaurants as to which I am unaware?
Or are you just a litigious attorney looking to bill some hours?
This post was edited on 7/9/14 at 1:39 pm
Posted on 7/9/14 at 1:42 pm to jbgleason
quote:
Wayne Enterprises
Batman's about to sue them too.
Posted on 7/9/14 at 1:48 pm to jbgleason
quote:
Wayne Enterprises
John Wayne was the goddamn Batman??
Posted on 7/9/14 at 1:53 pm to ProjectP2294
What about Wayne Campbell, Lil Wayne, and Wild Wayne from Q93?
Posted on 7/9/14 at 2:13 pm to jbgleason
quote:
Does anyone think that Duke University (the name of the institution) and DUKE with a picture of John Wayne holding a rifle are somehow similar?
Does Duke University market a brand of bourbon or run a chain of restaurants as to which I am unaware?
You cannot sit there and tell me that if you mentioned simply "Duke Bourbon" instead "The Duke's Bourbon" or something like that, there wouldn't be brand confusion. I would immediately think that Duke University got into the liquor game. Yes. No one refers to John Wayne as "Duke." They refer to him as "The Duke." On the other hand, Duke University is routinely referred to simply as "Duke."
It is, in my opinion, at least dilution and, even if it isn't, Duke University must still fight it or risk losing their trademark rights. Period.
Posted on 7/9/14 at 2:26 pm to LoveThatMoney
If someone asked, "Hey CW, you ever tried The Duke's Bourbon?" Id say, "No, I haven't. And I didn't know ole Johnny Wayne had a bourbon."
Posted on 7/9/14 at 2:26 pm to jbgleason
quote:
Does anyone think that Duke University (the name of the institution) and DUKE with a picture of John Wayne holding a rifle are somehow similar?
I'm with you, jb. But you have to admit there are some real hardcore dumbasses in society nowadays.
Posted on 7/9/14 at 2:30 pm to LoveThatMoney
quote:
Jesus, no one understands that you HAVE TO FIGHT THESE THINGS TO PROTECT YOUR TRADEMARK. If Duke doesn't sue for this and other similar uses, the trademark will become ineffective.
God. Damn. At least know this one simple fricking rule of law. Please.
This.
Posted on 7/9/14 at 2:32 pm to Doormat
Anyway, it appears (as usual) that the attorney's will all duke it out (SWIDT?) and make tons of billable hours in the mix.
Everyone else will pay and they will appeal, appeal, appeal and then both advise their clients to settle once they have drained them of every available cent. OR, shockingly enough, the two parties could get together and reach some mutually beneficial agreement. How about The Duke on the bottle railing a Duke co-ed? Or a Duke lacrosse player guzzling a bottle of The Duke bourbon while banging a co-ed? Hmmm... Fark Board?
Everyone else will pay and they will appeal, appeal, appeal and then both advise their clients to settle once they have drained them of every available cent. OR, shockingly enough, the two parties could get together and reach some mutually beneficial agreement. How about The Duke on the bottle railing a Duke co-ed? Or a Duke lacrosse player guzzling a bottle of The Duke bourbon while banging a co-ed? Hmmm... Fark Board?
Posted on 7/9/14 at 2:32 pm to Doormat
I will say that people were blasting Duke University during the Dan River coal ash spill when Duke Energy is completely unaffiliated. Why not sue them when people were actually confused?
Posted on 7/9/14 at 2:33 pm to jbgleason
John Wyane was born before Duke U became Duke U. Duke wins this one.
Posted on 7/9/14 at 2:34 pm to Sellecks Moustache
From the article... "The United States Patent and Trademark Office lists more than 250 active trademarks that include the word "Duke," including jazz legend Duke Ellington and a brand of mayonnaise."
I guess Duke U has a lot of suing to do.
I guess Duke U has a lot of suing to do.
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