John Wayne Estate, Duke University In Copyright Tussle Over “Duke” Bourbon

Duke University seeks to block the estate for the late actor John Wayne – often referred to as The Duke – from using that name on a bourbon whiskey, saying it hoped to avoid “tarnishment of its brand … [from] confusingly similar marks.” Now the actor’s estate has gone to court, saying the idea that consumers would be confused is “ludicrous.” John Wayne Enterprises,seeking a declaratory judgment in federal court in the Central District of California, maintains that “Duke University is not and never has been in the business of producing, marketing, distributing, or selling alcohol. … Duke University seems to think it owns the word ‘Duke’ for all purposes and applications.” The dispute is the latest in a decade-long legal battle between the estate and the school.