We have previously discussed the absurd growth of trademark and copyright claims in this country. Now, John Wayne’s descendants have had to go to court to seek the right to continue to use the legendary actor’s nickname, “Duke,” over the objections of Duke University which now claims to own the word “Duke.” The University has objected to a line of alcoholic beverages by the family called “Duke.” They appear to be using the line from the Duke’s character Wil Anderson in The Cowboys (1972) “I wouldn’t make it a habit of calling me that son.”
I must confess a bias as an old Cowboys Western addict. However, in my defense, I have long been a critic of growing copyright and trademark claims over things occurring in public or common phrases or terms. (For a prior column, click here). We have often discussed the abusive expansion of copyright and trademark laws. This includes common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). (For a prior column, click here and here).
It appears that the feud with the university has been going on for years. The school then tried to block the registration of a Duke trademark for the line of alcoholic beverages. The University implausibly argued that a line of drinks named Duke would confuse consumers with the university. (I suppose consumers would think that this was liquid education or that they could drink their way to a degree. Of course, with the infamous Duke Lacrosse case, perhaps Duke thinks alcohol and its institution is some type of signature relationship). The claim is even more excessive when one looks at the label which clearly shows “The Duke” rather than Washington Duke. (Of course, if it were Duke tobacco, that would come closer to the real source of the Duke fortune).
The very notion of owning a noun like “Duke” continues to shock many people as it does me. However, Congress and the Obama Administration has continued to yield blindly to demand of lobbyists for increasing sanctions and criminal prosecutions for copyright and trademark violations.
Duke seems undeterred by taking on the Duke in a trademark shootout. Michael Schoenfeld, the university’s spokesman, said in a statement. “As Mr. Wayne himself said, ‘Words are what men live by … words they say and mean.'” Well, sure, but he also said in True Grit, “Young fella, if you’re looking; for trouble I’ll accommodate ya”
I haven’t seen the University of Washington upset about an even more formidable alcoholic beverage…
Sorry, Nick. The Washington Redskins had their trademark revoked recently.
Further, the university will lose. Their servicemark is in a different trade category than the beer trademark. The patent office would allow both because they don’t overlap in area of commerce, and thus would not be confusing to consumers. Consequently, a judge should rule against the university. The suit is a bad use of (public?) money by them, as it is destined to lose in every way except maybe PR and name recognition value.
What about the Hazzard of Duke’s?
http://youtu.be/qDQpZT3GhDg
Or the Washington Redskins will sue the growers of redskin potatoes.
When I get my trademark of the word “the” you’ll all owe me…
… Muawahahahahaha!
Next thing you know, USC will be suing the condom manufacturer for using its mascot’s name.
Two things:
1) “Smoke em if ya gottem.” This was John Wayne’s statement to the squad when they broke for a break in the jungles of Nam in the movie The Green Berets. Wayne was a paid tobacco promoter. So, the University and John Wayne have something in common.
2) Statue in front of the so called university of the Duke founder smoking a cigarette.
These two things point to one thing. Both John Wayne and the Founder are idiots who were smart enough to make money of the product which has killed millions.
Both the university (so called) and the dumb Wayne family should have a right to the name Cancer. They both are a cancer on our society.
One more thing:
[music]
Duke, Duke, Duke,
Duke of Earl!
Duke of Earl. Duke Duke
etc
The arrogance of the university and its obvious greed in taking this action but the ultimate “wag of the finger” goes to the courts who have allowed this kind of ridiculous protection of ordinary processes and words to be patented, copyrighted or trademarked.
Hopefully the courts will solve this mess by telling the University that no one owns the word or name, Duke.
I’m not a fan of the misogynist, fists-or-guns-to-settle-all-arguments, Duke, but this lawsuit is silly. One Duke’s name for a university, another man’s well-known nickname for booze. Although, if the university may have a point if they are making a sincere effort to cut binge drinking on campus. What would a gung-ho student at the university drink but that named for the university.
I think that the Duke football team should play USC (Duke’s old team), winner take all. It is the manly way. None of this meet you it court wussy stuff.
My guess is that if you polled the American public and asked them to list three things they associate with the word “Duke,” fewer than 50% of the lists would include Duke University.
Wouldn’t the Duke Ellington School of the Arts (http://www.ellingtonschool.org/) have the same claim as Duke University? Who are they going after next, all owners of dogs named Duke? All restaurants named “Duke’s.” Just Google “Duke’s.” There are millions of companies and products.
Do we know who is behind the ridiculous suit?
Is this the same Duke president that convicted the lacrosse players before their trial? I’m a fan of The Duke. There is a museum dedicated to him in Iowa, his birthplace. Ironically, he grew up just 10 mikes from the great, Bob Feller. You can hit both their museums w/ a 15 minute drive. The John Wayne Museum has been successful and they are currently constructing a new facility, due to open next May.
Much a duke about nothing …
I’m confused about these trademark laws and changing the rules …Let’s settle this at 12 noon!
i have a last name that is in common use too. but i cant own it. even though it is mine by birth. not sure if i like that
I have to question the intelligence of a university that tries to trademark a common name such as “Duke”. Will they be going after Bush beans next for the name of their spokesman dog “Duke”?