John Wayne heirs sue university over the name Duke

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John Wayne heirs sue university over the name Duke
FILE - This 1978 file photo shows actor John Wayne. Wearing a brown plaid coat worn by Wayne in 1945's "Flame of Barbary Coast," Republican Lt. Gov. Dan Patrick has declared a day in honor of the quintessential screen cowboy as he presided over the Senate Tuesday, May 26, 2015. He declared it John Wayne Day in Texas to mark the Hollywood legend's 108th birthday and named the actor an honorary Texan. (AP Photo, File)
Tourists walk past an Andy Warhol print of John Wayne on display in the John Wayne Museum, Thursday, May 14, 2015, in Winterset, Iowa. Though Wayne moved to California at a young age, it’s a minor footnote for Winterset, a city of about 5,000 people. On Saturday, May 23, 2015, Winterset will help launch the official opening of the newly built museum celebrating Wayne’s life and career. (AP Photo/Charlie Neibergall)
A wax statue of John Wayne is seen on display at the John Wayne Museum, Thursday, May 14, 2015, in Winterset, Iowa. Though Wayne moved to California at a young age, it’s a minor footnote for Winterset, a city of about 5,000 people. On Saturday, May 23, 2015, Winterset will help launch the official opening of the newly built museum celebrating Wayne’s life and career. (AP Photo/Charlie Neibergall)
Italian screen actress Sophia Loren and American actor John Wayne relax in the ruins of an old Roman city near Tripoli, Libya, March 1957, during a break in the filming of "The Legend of the Lost" on location in the Libyan desert. Wayne plays the desert guide. (AP Photo)
Veteran actor John Wayne appears to be wiping away a tear from his eye after he was named best actor for his performance in "True Grit," at Academy Awards at Los Angeles Music Center Tuesday, April 7, 1970. At right is actress and singer Barbra Streisand. (AP Photo)
Actors John Wayne (1907 - 1979) and Maureen O'Hara take a tumble into a muddy puddle in a scene from the film 'McLintock!', 1963. (Photo by Archive Photos/Getty Images)
Marine Pfc. Albert Adams, center, of East St. Louis, Ill., wounded in the fighting on Cape Gloucester, New Britain, looks at Vikki Montana, accordionist, as actor John Wayne autographs his cast at a New Guinea hospital station on March 12, 1944. Adams was hit by a hand grenade, but killed the Japanese who threw it. (AP Photo/Pool)
The unveiling of a full pane of stamps honoring John Wayne by the United States Postal Service at Beverly Hilton Hotel is shown Saturday, April 3, 2004, in Beverly Hills, Calif. The U.S. Postal Service has chosen Marion Michael Morrison, better-known to millions of adoring fans as John Wayne (or "Duke"), to be honored in the Legends of Hollywood Commemorative Stamps Series. (AP Photo/Nam Y. Huh)
Actor-director John Wayne is photographed in an unknown location in 1978. Wayne was born Marion Micheal Morrison in Winterset, Ia. in 1907. He made over 80 movies, mostly classics of the Western genre, and was nicknamed "the Duke." His last movie was "The Shootist" in 1976, about a legendary gunfighter dying of cancer. Wayne died of cancer in 1979. (AP Photo)
John Wayne kisses the hand of Gloria Stewart as Jimmy Stewart looks on as they exchange greetings at an "All-Star Tribute to Jimmy Stewart" Sunday night November 19, 1978 at The Burbank Studios in Burbank, California. Event was at a cocktail reception preceding the taping of a television special to air in December on CBS. Others attending included: Elizabeth Taylor, Glenn Ford, Fred MacMurray, Farrah Fawcett-Majors.(AP Photo/Pizac)
LOS ANGELES - JUNE 9: John Wayne and his wife Pilar attend a CBS cocktail party on June 9 1955 in Los Angeles, California. (Photo by Michael Ochs Archives/Getty Images)
American actor John Wayne (1907 - 1979) holding a glass of wine at an event, circa 1965. (Photo by Silver Screen Collection/Getty Images)
Wayne, John - Actor, Family; (Photo By Ed Maker/The Denver Post via Getty Images)
In this Sept. 24, 2009 photo, among some of the more treasured items in The Ole Place Cafe: Home of the Hollywood Star Collection in Ruleville, Miss., is this jacket, shirt, hat and neckerchief worn by John Wayne in the movie "The Cowboys." As a costumer and owner of one of the most extensive period costume houses used by the movie industry, Mississippi native Luster Bayless, has ownership of many outfits associated to famous actors and plans to display them in his cafe-museum. (AP Photo/Rogelio V. Solis)
In this Sept. 24, 2009 photo, Luster Bayless, a son of a sharecropper who hitchhiked to Tinseltown in the 1950s, became a costumer for movie star John Wayne and opened one of the industry's most respected warehouses for period piece wardrobe, United American Costume Company, holds one of costume pants worn by actor Morgan Freeman in the movie "Unforgiven," that is displayed at The Ole Place Cafe: Home of the Hollywood Star Collection, in Ruleville, Miss. Bayless hopes his combination museum and cafe helps the town improve its tourist marketability. (AP Photo/Rogelio V. Solis)
Actor John Wayne is shown at the 51st Annual Academy Awards in Hollywood, Ca. on April 9, 1979. Wayne, who has cancer, is making his first public appearance since he underwent surgery in January. (AP Photo)
President Ford and actor John Wayne move through a crowd estimated at 23,000 at Fountain Valley, California, October 24, 1976. The community is in conservative Orange County, southeast of Los Angeles. (AP Photo)
Actor John Wayne, left, laughs with singer-actor Frank Sinatra at a reception before the televison taping of an hour-long special, "An All-Star Tribute to John Wayne," hosted by Sinatra, in Los Angeles, Ca., Nov. 7, 1976. (AP Photo)
John Wayne, left, is congratulated by Barbara Streisand as he accepts Oscar for best actor for his performance in “True Grit,” at the Academy Awards at Los Angeles Music Center, April 7, 1970, Hollywood, Los Angeles, Calif. (AP Photo)
American actor John Wayne, 66, who is making his first visit to London for ten years, raises his glass as he talks to newsmen at London's Grosvenor Hotel, January 18, 1974. He said he was feeling in good health after his recent struggle against cancer which left him with only one lung. "I am still smoking and drinking and standing up to it. I'm feeling pretty good, "he said. Wayne has recently finished his latest film called "ICQ." (AP Photo)
In this Sept. 24, 2009 photo, a photograph of John Wayne, left, and costumer and Mississippi native Luster Bayless, is displayed at The Ole Place Cafe: Home of the Hollywood Star Collection, owned by Bayless in Ruleville, Miss. The cafe is a repository for clothing worn by stars spanning Hollywood's Golden Age to modern day _ from Errol Flynn to Brad Pitt. Bayless was "The Duke's" favorite costumer, having worked on 16 films with the actor. (AP Photo/Rogelio V. Solis)
Veteran motion picture star John Wayne takes a good look at his first Oscar which he received as best actor for his performance in "True Grit," at annual Academy Awards at Los Angeles Music Center Tuesday night, April 8, 1970. At right is actress and singer Barbra Streisand. (AP Photo)
Actor John Wayne waits his turn to shake hands with U.S. President Richard Nixon during the welcome accorded the chief executive at the Miami Airport, Aug. 22, 1972, upon his arrival for the Republican National Convention. (AP Photo)
John Wayne is congratulated by Barbra Streisand as he accepts the Oscar for best actor for his performance in "True Grit," at annual Academy Awards at Los Angeles Music Center, April 7, 1970. (AP Photo)
Actor John Wayne directs a scene for the Hollywood movie "The Almo" with the Todd A-O camera, background, in 1959. Wayne also portrays Col. Davy Crockett in the movie. (AP Photo)
Actor John Wayne, voted king of the movie house box offices in 1954, was passed by again as Hollywood handed out its annual Academy Awards. Wayne, shown glancing at motion picture publication during recent New York visit, March 20, 1955 has been in some 150 pictures but never won an Oscar. He has been nominated once-for "Sands of Iwo Jima." yet he has been among the "golden ten" box-office kings for six straight years. He has topped the list three times; a record excelled only by Bing Crosby (5) and Shirley Temple (4). While number of Oscar winners have risen to brief fame and then disappears Wayne keeps riding along to the plaudits of the people who matter most in the movie business--the popcorn public. Wayne doubts he'll ever haul home an Oscar, partly because the action roles he plays don't call for the dramatic gamut that most often win academy awards. (AP Photo)
This is a 1949 photo of actor John Wayne. (AP Photo)
Actor John Wayne is shown on horseback in a scene from "Rio Grande" on location in Utah, Colo., Aug. 1950. (AP Photo)
Actor John Wayne shows Barry White of Clapham how to hold a gun on the five-year-old's birthday at Granada Cinema in Tooting, London, England, on Feb. 28, 1951. (AP Photo)
Actor John Wayne is seen in 1968. (AP Photo)
John Wayne looks through the film camera to check the next set-up during filming of "The Green Berets" November 17, 1967 in which he is both star and director.Wayne plays the role of a colonel in the Army Special Forces.(AP Photo)
NEW YORK, NY - SEPTEMBER 23: Actor John Wayne's personal property on display at the John Wayne Auction Preview at the Ukrainian Institute of America at the Fletcher Sinclair Mansion on September 23, 2011 in New York City. (Photo by Neilson Barnard/Getty Images)
NEW YORK, NY - SEPTEMBER 23: Actor John Wayne's Golden Globe award for 'True Grit' on display at the John Wayne Auction Preview at the Ukrainian Institute of America at the Fletcher Sinclair Mansion on September 23, 2011 in New York City. (Photo by Neilson Barnard/Getty Images)
JOHN WAYNE -- Pictured: John Wayne (Photo by NBC/NBCU Photo Bank via Getty Images)
HELLFIGHTERS -- Pictured: (l-r) John Wayne as Chance Buckman, Jim Hutton as Greg Parker (Photo by NBC/NBCU Photo Bank via Getty Images)
Volume 2, Page 103, Picture 5, 1939, US film actor John Wayne (1907-1979) pictured on the set of the Western -Stagecoach+ (Photo by Bob Thomas/Popperfoto/Getty Images)
JUL 4 1976, JUL 5 1976; Bell Rung For The Fourth; Movie star John Wayne and Mrs. Cornelius Vanderbilt Whitney ring a bell in conjunction with the Bicentennial bell ringing across the nation on Fourth of July. Wayne T and Mrs. Whitney, whose family founded and funded the Whitney Gallery of Western Art, a Cody, Wyo., gallery that grew into the Buffalo Bill Historical Center, were on hand Sunday at dedication of the Winchester Gun Collection at the center. The bell was presented to the center.; (Photo By Bill Wunsch/The Denver Post via Getty Images)
014218 14: Actors Bob Hope, John Wayne, Ronald Reagan, Dean Martin and Frank Sinatra stand May 18, 1977 in Los Angeles, CA. (Photo by Richard Nairin/Liaison)
British-born actress Elizabeth Taylor stands in sea of stars during the taping of 'An All-Star Tribute to Elizabeth Taylor,' November 13, 1977. The crowd includes John Wayne (1907 - 1979), Paul Newman and John Travolta. (Photo by CBS Photo Archive/Getty Images)
US film star John Wayne arrives in Sydney on 3 March 1976 (Photo by Tony Linsen/Fairfax Media via Getty Images)
380450 21: President Richard Nixon and Henry Kissinger meet with Marion 'John' Wayne, July 10, 1972 in Washington, D.C. (Photo by National Archive/Newsmakers)
American actor John Wayne (1907 - 1979) as Lane in 'The Train Robbers', directed by Burt Kennedy, 1973. (Photo by Silver Screen Collection/Getty Images)
1971: American actor John Wayne (1907-1979) stands to the left of American film director John Ford (1894-1973) on a western landscape, from the CBS television special 'The American West of John Ford'. (Photo by CBS Photo Archive/Getty Images)
From left, American actor John Wayne (1907 - 1979), British-born American entertainer Bob Hope (1903 - 2003), California governor (and former actor and future American president) Ronald Reagan (1911 - 2004), American actor Dean Martin (1917 - 1995), and American singer and actor Frank Sinatra (1915 - 1998) as they pose together at a 'Californians for Reagan' benefit dinner at the Cocoanut Grove, Hollywood, California, October 10, 1970. (Photo by Hulton Archive/Getty Images)
American actor John Wayne (1907 - 1979) in a publicity still for 'The Green Berets', directed by Wayne, Ray Kellogg and Mervyn LeRoy, 1968. (Photo by Silver Screen Collection/Getty Images)
American actors David Janssen (1931 - 1980, centre), as George Beckworth, and George Takei (left) as Captain Nim, in 'The Green Berets', directed by John Wayne, Ray Kellogg and Mervyn LeRoy, 1968. (Photo by Silver Screen Collection/Getty Images)
American actor John Wayne (1907 - 1979) as Tom Doniphon in 'The Man Who Shot Liberty Valance', directed by John Ford, 1962. (Photo by Silver Screen Collection/Getty Images)
American actor John Wayne (1907 - 1979) plays the lead character in the film 'McLintock!', alongside Yvonne de Carlo (1922 - 2007), 1963. (Photo by Archive Photos/Getty Images)
13th April 1957: American actor and star of numerous westerns John Wayne (1907 - 1979), born Marion Michael Morrison. (Photo by Victor Blackman/Express/Getty Images)
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By MICHAEL BIESECKER
Associated Press

DURHAM, N.C. (AP) -- John Wayne's heirs are dueling with Duke University over the family's right to market bottles of bourbon branded with the late movie star's nickname, Duke.

A federal lawsuit filed last week is the latest salvo in a long-running feud between the North Carolina university and California-based John Wayne Enterprises over who controls the trademark for commercial products featuring the name.

The university fired first, opposing a 2005 trademark application filed by the actor's heirs to use the name Duke for a restaurant. The school's lawyers say allowing Wayne Enterprises to use Duke could cause confusion and tarnish the value of the moniker.

Wayne's heirs point to the actor's use of the nickname since childhood. The bourbon bottle would feature an image of Wayne holding a rifle with the name Duke emblazoned over it.

John Wayne Estate Sues Duke Over Booze Trademark

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