In the movies, John Wayne rarely lost a fight. In court, however, the late western hero – known as Duke – didn’t fare quite as well.
In an earlier post we noted that Duke University in the USA, filed an objection against a trademark application for ‘alcoholic drinks’ filed by the John Wayne Estate. The Estate took the University to court.
The court, however, immediately dismissed the suit, and referred the case back where it belonged: the US Patent and Trademark Office (USPTO). The court cited a lack of jurisdiction and “improper venue”: “The issue rests with the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board in Alexandria, Va., not the courtroom.”
Duke University was relieved: “We are pleased that the court has dismissed the lawsuit, and we look forward to resolving this issue through the normal trademark process”, says spokesman Michael Schoenfeld.
Nice try by the heirs of the great actor, but they will have to fight the university out of court.