A judge in Santa Ana, California dismissed the lawsuit brought by John Wayne’s heirs seeking to trademark the actor’s moniker, Duke, for use on alcoholic beverages, excluding beers. Duke University in North Carolina argued that allowing the trademark would be confusing and deceptive.
The judge said the venue was improper and jurisdiction belongs to the U.S. Patent and Trademark Office, located in Alexandria, VA.
John Wayne’s family and Duke University in North Carolina have been at loggerheads since 2005 over the use of “Duke”, Wayne’s moniker from childhood. His son, Ethan, said it was “preposterous” that the bottle of DUKE Bourbon could be connected to the university in any way. The label shows a silhouette of John Wayne, complete with cowboy hat and gun, with the name “DUKE” stamped over his thighs. His signature is also a part of the design.
This is only Round 1. Stay tuned. More to come, for sure.
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