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John Wayne Enterprises said it fears being sued by the private
university in Durham, North Carolina, for trademark infringement
unless a U.S. court intervenes. The school has challenged the
heirs' plans to use the name in connection with restaurant
services and alcoholic beverages.
"Duke University seems to think it owns the word 'Duke' for all
purposes and applications," Wayne's heirs said in a federal
complaint filed on July 3 in the Central District of California.
The Wayne family business said it was "ludicrous" for the school
to argue that inclusion of the nickname on commercial products
would cause confusion, dilute the university's brand or falsely
suggest a connection between the school and the goods.
An exhibit attached to the suit shows a bottle of bourbon with
the "Duke" name featured prominently on the label along with
Wayne's image and signature.
Duke University spokesman Michael Schoenfeld said on Wednesday
the school would continue its fight to protect its trademarks.
“While we admire and respect John Wayne’s contributions to
American culture, we are also committed to protecting the
integrity of Duke University’s trademarks," Schoenfeld said. "As
Mr. Wayne himself said, 'Words are what men live by ... words
they say and mean.’”
Wayne was an American movie legend best known for his roles in
Westerns. He starred in the 1956 classic "The Searchers" and won
an Oscar for best actor for his portrayal of U.S. Marshal
Rooster Cogburn in the 1969 film "True Grit."
He died in 1979 at age 72.
(Reporting by Colleen Jenkins; Editing by Eric Beech)
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