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”
Different era. I have old Sport magazines. Athletes did ads for cigarettes for chrissake. I know folks hate The Duke because he was a Republican. But, the very liberal Dick Cavett did a piece on meeting Wayne and just how he was amazed @ his literacy and depth.
The Green Berets was a movie that promoted the Vietnam War and smoking. This was late in John Wayne’s career and he should have known that smoking was dangerous, a hazard to your health, as the Surgeon General said. Millions of Americans have died due to smoking and I blame the likes of both Dukes.
The powers that are in control are NOT going to let up until they own it all, and we just pay the rent.
Annie, you originally wrote, “He was no better an actor than any known actors of his time,” not, “I thought X, H, and C were much better actors than JW.” Everyone is entitled to their opinion, but when you phrase it as a statement of fact, you must be correct.
Karen S wrote “It is anachronistic to judge John Wayne, and his contemporaries, for smoking”
Ignore the village idiot Al Zheimers. You are correct. Only imbeciles smoke today because it has been conclusively proven to cause great harm, but warnings were not added to cigarette packs until 1966. Another person who died from smoking was Gene Tierney, who started smoking because she felt her voice was too high.
And Lou Groza.
mespo is on fire. Cocktail hours usually start early on summer Fridays. My old man loved Marion Motley.
Saucy, well that may be so, but I still never thought his movies were worth my time watching. Each to their own I suppose.
nick:
“Of course The Dukes real name is Marion Morrison.”
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A new suit by Marion Motley is in the offing charging confusion over the huge African-American fullback for the Browns with Duke University, John Wayne, and Mötley Crüe.
It is anachronistic to judge John Wayne, and his contemporaries, for smoking. He was already addicted to nicotine before studies came out that smoking was dangerous. He got the habit when smoking was extremely common, and he promoted a product he enjoyed.
I blame people who start smoking now, when it’s common knowledge that it is carcinogenic and addictive.
John Wayne is a Hollywood Hall of Fame actor who helped make Westerns extremely popular. Few actors had his screen presence, certainly not nowadays. Like Gene Autry, he was a role model of honorable behavior and the Cowboy Code to young people. Nowadays, we have more movies glorifying crime and murder, violence against women, and generally bad behavior. The Cowboy Code is considered quaint while at the same time people bemoan the loss of civility, manners, and honor in today’s society.
People who don’t like Westerns might not care for John Wayne, but regardless, he is a film icon.
John Wayne has weighed in from the very high plains and disagrees with Duke University’s position:
Of course The Dukes real name is Marion Morrison.
mespo is channeling Norm Crosby this Friday afternoon,
Duke University needs to sue Wayne State University for causing confusion between the school and The Duke .. er, John Wayne … which in turn confuses the public and suggests that Duke University may really in Detroit, MI. Wayne Newton may be suing to establish that he is not a University in Detroit but really lives in Los Vegas, and Los Vegas will be suing GM over confusion that the city might really be the Spanish phrase for a group crappy cars made in the 70s by Chevrolet.
I am very confused.
Annie
Al, I agree. What is with the John Wayne worship? He was no better an actor than any known actors of his time. He seemed like a jerk to me.
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And the “unintended consequences” are little known:
(Hypothesis: The Cultural Amygdala – 2). In that movie there is a scene where all the people that the “Duke” worshiper murdered are thanking him for murdering them.
Annie wrote “He was no better an actor than any known actors of his time.”
The vast majority of people who were 12 or older by 1976, the year of his last movie, would disagree with you. The fact that he starred in 142 films proves that the studios knew he was a top actor capable of drawing in the crowds.
P.S. Do an Internet search using Duckduckgo, Bing, or Google on “the duke” and see what the top listing is.
Al, I agree. What is with the John Wayne worship? He was no better an actor than any known actors of his time. He seemed like a jerk to me.
J. Brian w/ an uncharacteristic quick quip. Your comments are always thought provoking and witty, but hardly ever one liners. I think the one liners will get some who skip over your long comments to give them a read. That may not have been your plan but serendipity is a major factor in our lives.
Darren, I bet you’ll see that vodka @ UW football game tailgates. That is a great venue, being able to drive your boat to the game and tailgate! But, the NCAA basketball champs, men and women, UConn Huskies should also be a party to this suit. And, they should lose!
Karen S: Which Duke? Duke of Earl? Duke of Marlborough? Oh, yeah another cigarette promoter. Duke of Puke? Duke of Lancaster as in Burt?
John Wayne was a dumb Duke who wore a cowboy hat and couldn’t rope a dead rat.
I agree that this is an abuse of copyright law, and an insult to the memory of The Duke.