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”
Darren, Quite ironic. The Duke became more and more dismayed w/ what John Birchers were saying. But, when they claimed fluoridation of water was a commie plot was when he left the organization. And, being a lover of that great flick, you know the importance of “precious bodily fluids” in the plot.
Nick, I retrieved your comment at 2:48.
I read that Stanley Kubrick once considered John Wayne for the role of Major Kong in Dr. Strangelove but he declined. Instead Slim Pickens played the role. In my view Slim was the best choice of all. After all, who could say…
“Well boys I guess this is it. Nuclear combat toe-to-toe with the Rooskies”
…better than Slim Pickens.
raff, Ward Bond was a great character actor John Wayne had in many of his flicks. Bond was so ardent a John Bircher he had trouble getting movie roles. There was the blacklisting and then the backlash @ the ardent anticommunists. Bond salvaged his career w/ the TV show Wagon Train. When The Duke say the Birchers getting really whacky he admonished them and told Ward Bond to do the same. But, Bond hated commies and would not. Walter Brennan is another Bircher who stayed w/ them when they got too far right and he to was blacklisted from movies. As we know, TV also salvaged Brennan’s career w/ The Real McCoys.
RTC,
While I do not put John Wayne in the great actor category, he was perfect in the Quiet Man, but his entourage of actors that were in QM and many others with him, made it an ideal film.
Paola: Eat ickDay and if you know any Pig Latin then quit suckin your own ickDay.
Hillary Swank is an actress I really like. She has not been around much. Her performance in Million Dollar Baby was incredible. Clint can make movies and get the best out of his actors. Frances McDormand is another actress I don’t see enough.
KarenS, Streep is a great actress, I just don’t like her. I really like Laura Dern, a character actor like her old man, Bruce Dern. Sandra Bullock has really evolved into a good actress. Robert Downey, Jr. is someone I really respect. He fights the relentless disease of addiction and uses that energy in his performances. He has a flick coming out later this summer, The Judge. Downey says it is the role he has been looking for all his life. He plays a hotshot criminal defense attorney. The clips look great. Robert Duvall plays his a-hole father, Billy Bob Thornton plays the prosecutor.
Ah yes, Al Zheimers, “it aint [sic] worth it . . .”
Clever boy you are!!
Nick: It aint worth it to argue with that nitwit.
Arthur Miller said it best:
“Never fight fair with a stranger . . .”
Darren,
Then, we have the epitome of obtuseness posting a self-portrait; so clever in its exhausted use of false civility.
The Lions of Discord have returned, Pilgrim.
Nick,
“. . . this Paolo troll!!”
There are many kinds of trolls. You represent the persistent variety; much like an evening guest that never leaves after eating all the food; extolling life experiences while waiting for breakfast.
Nick,
“In the words of The Who, Paolo, ‘Who the f@ck are you?'”
Your disingenuousness is evident with the above ampersand.
Why care who I am; ignore, or engage with facts removed from your Goldilocks homilies.
I need an enforcer? hahahahahahahah
Where does this leave Patty Duke and Duke Snider (besides not in the Hall of Fame).
Saucy: Your assumption falsely relies on the notion that AFI’s ratings mean anything. Ranking actors and artists is a subjective exercise and box office earnings are an imperfect measure of an actors ability. Popularity could relate to the amount of promotional money spent on promoting a movie or actor. Otherwise, Harry Dean Stanton would be higher on that list/
The thing about John Wayne is that he was the perfect “type” for several of the roles for which he’s remembered, like Rooster Cogburn in True Grit and Sean Thornton in The Quiet Man, both classics.
Nick,
Have you not harked new arrivals at this blog when it suits your purpose? Why should I be suspect? Should I not be granted the same welcome you extend to others?
Nick,
“. . . alleging knowledge of 2 years . . .”
This is the time-frame you stated — just a few days ago in some other thread — for your time involvement at this blog. I took you at your word — is this a mistake?
“Being a PI, I’m always skeptical of people like this new arrival, Paolo.”
I understand. However, your being a PI means nothing when it comes to history that you claim others miss. Your skepticism of, “new arrival[s],” suggests your basic nature — one of bombast and suspicion with little depth — a playground bully.
“. . . takes a shot @ me . . .”
I, “take a shot at you,” because this is your method.
So when will they be going after all of the Dukes of the world? Royalty has plenty of money!