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John Wayne "Duke" Bourbon vs. Duke University (1 Viewer)

Dennis Nicholls

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Well this is another idiotic trademark controversy.....

My kitty Duke is not amused, even though he won't touch Bourbon.

http://www.pennlive.com/midstate/index.ssf/2014/07/john_wayne_vs_duke_university.html
Early last year, John Wayne Enterprises filed trademark applications for "Duke" and "Duke John Wayne" on alcoholic beverages.
According to John Wayne's son, the actor long wanted to bottle his own whiskey, of which he swilled plenty. Ethan Wayne is a partner in Monument Valley Distillers, makers of Duke spirits, the Post reports.
But Duke University has cut that effort off at the pass, filing an objection with the U.S. Patent and Trademark Office. And this is not the first time, either.
Maybe they should have gone for Marion Morrison Merlot instead.
 

Aaron Silverman

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I understand wanting to protect a trademark, but when your trademark is a very common word, you're going to risk looking stupid and petty on occasion.
 

Dennis Nicholls

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Trademarks are supposed to make a "picture" pop into your head. The bottle shows an outline of John Wayne wearing a cowboy hat and holding a rifle The last thing that makes me think of is an institute of higher education.

From a procedural point of view, John Wayne's heirs brought this suit to force DU to back off from making complaints to the USPTO challenging registrations. The reporters didn't report on the actual legal status but I'd guess they filed suit for declaratory judgment, asking for an injunction against DU.
 

Cees Alons

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:)

... which of course brings us fully back to John Wayne (and James Stewart and Lee Marvin).


Cees
 

Dennis Nicholls

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Mike's quip and my rejoinder would make a good advertising slogan for the Bourbon.....

Jimmy Stewart trained as a pilot right here in Boise, staying on for some extra months as a flight instructor. In his spare time he moonlighted playing the organ in the Egyptian Theater downtown.
 

Mike Frezon

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Makes ya wonder who could look at this bottle and think of Duke University:

duke10n-5-web.jpg


I suppose, though, anything is possible if one were to drink too much of the stuff.
 

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