Dueling Dukes: The Duke v. Duke University

John Wayne’s heirs recently filed a suit for declaratory relief in the U.S. District Court for the Central District of California asking the court to declare the dueling Dukes can coexist without causing consumer confusion or dilution of their brands. In the complaint, John Wayne Enterprises, LLC, asserts the “Duke” mark and other similar marks used in connection with the sale of alcoholic beverages (namely, bourbon) is not likely to cause confusion with Duke University marks nor does its use dilute any trademark of Duke University. The Duke’s estate cites a picture of a bottle of bourbon adorning the mark, along with John Wayne’s signature and a silhouette of the iconic actor in the background as evidence of the “ludicrous” notion consumers are likely to be confused. Wayne’s estate concedes the university known for its basketball prowess uses the mark “in connection with the sale of its university-related products and services.” Yet, argues Duke’s rights to the mark do not extend to its use in all contexts for all purposes.

The complaint stems from numerous opposition and cancellation proceedings filed by the university, dating back to 2005. The Blue Devils, who have yet to respond, may face an uphill battle against the Wayne family’s pre-emptive strike to remove the cloud of an eventual trademark infringement claim given they are not in the business of marketing alcohol. But the suit is in the very early stages, so neither party can raise a glass (double Duke, neat?) in victory just yet.

Source: http://www.scribd.com/doc/233098435/John-Wayne-v-Duke-University

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