MUScoop

MUScoop => The Superbar => Topic started by: 77ncaachamps on July 09, 2014, 08:09:16 PM

Title: John Wayne heirs sue university over the name Duke
Post by: 77ncaachamps on July 09, 2014, 08:09:16 PM
http://www.mercurynews.com/nation-world/ci_26119096/john-wayne-heirs-sue-university-over-name-duke
Title: Re: John Wayne heirs sue university over the name Duke
Post by: keefe on July 10, 2014, 04:19:37 AM
I think Duke U needs to lighten up
Title: Re: John Wayne heirs sue university over the name Duke
Post by: Stronghold on July 10, 2014, 12:10:11 PM
This is like Paris Hilton trademarking "That's Hot"
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GooooMarquette on July 10, 2014, 12:42:12 PM
LOL - A school named after a family of tobacco barons is worried about tranishing the name with alcohol.
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GGGG on July 10, 2014, 01:28:49 PM
From what I understand, the problem with trademark law is that it almost encourages suits like these.  Duke has to be concerned about its name (it is valuable), and if you don't contest these types of things, it weakens their trademark.
Title: Re: John Wayne heirs sue university over the name Duke
Post by: ChicosBailBonds on July 10, 2014, 01:33:21 PM
http://www.mercurynews.com/nation-world/ci_26119096/john-wayne-heirs-sue-university-over-name-duke

Father Matthew Munoz, my Catholic Priest at my parish until a few years ago.  Grandson of John Wayne.  You would swear Jesus was out surfing. I sense he isn't part of this lawsuit, but who knows.


(http://j-walk.com/images/WavesGetBlessed_6BAF/s08_25344201_thumb.jpg)

(http://www.bccourier.com/Images/Content/311211122105.gif)
Title: Re: John Wayne heirs sue university over the name Duke
Post by: MU82 on July 10, 2014, 04:15:26 PM
I hope the family doesn't come after me because my first dog's name was Duke.

That fact also contributed to me having a sensational Porn Name (first pet/first street):

Duke Wheeler!!
Title: Re: John Wayne heirs sue university over the name Duke
Post by: Spotcheck Billy on July 10, 2014, 04:24:08 PM
I hope the family doesn't come after me because my first dog's name was Duke.

That fact also contributed to me having a sensational Porn Name (first pet/first street):

Duke Wheeler!!

Holy crap, that would work if I was a female: Frisky Ann
Title: Re: John Wayne heirs sue university over the name Duke
Post by: WI inferiority Complexes on July 10, 2014, 08:42:05 PM
Holy crap, that would work if I was a female: Frisky Ann

Jimi Jules for me.
Title: Re: John Wayne heirs sue university over the name Duke
Post by: keefe on July 10, 2014, 09:07:36 PM
Jimi Jules for me.


Shiro Dogenzaka Dori
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GooooMarquette on July 10, 2014, 10:14:39 PM
From what I understand, the problem with trademark law is that it almost encourages suits like these.  Duke has to be concerned about its name (it is valuable), and if you don't contest these types of things, it weakens their trademark.

That's sort of true.  You generally have to defend the name against uses that could create brand confusion, especially if it appears that is the intent.  For example, if I set up an online school and named it Duke's University, they would be expected to challenge my use of the name.  But in a case like this, where the product is in a line of business that nobody would think is associated with Duke University, you have the discretion to let it go without risking the name rights.
Title: Re: John Wayne heirs sue university over the name Duke
Post by: keefe on July 11, 2014, 12:34:44 AM
That's sort of true.  You generally have to defend the name against uses that could create brand confusion, especially if it appears that is the intent.  For example, if I set up an online school and named it Duke's University, they would be expected to challenge my use of the name.  But in a case like this, where the product is in a line of business that nobody would think is associated with Duke University, you have the discretion to let it go without risking the name rights.

I have a very strong personal interest in Breast Cancer Awareness and Research but am terribly repulsed by the behavior of the Susan G Komen organization. Not only did their CEO give herself an outlandish salary but they waste millions of dollars each year suing other charities for using the word "cure" or using the color pink.

I hope people stop giving to them. I know I have.

http://www.marketplace.org/topics/your-money/susan-g-komen-fights-trademark
Title: Re: John Wayne heirs sue university over the name Duke
Post by: rocket surgeon on July 14, 2014, 05:30:46 AM
I have a very strong personal interest in Breast Cancer Awareness and Research but am terribly repulsed by the behavior of the Susan G Komen organization. Not only did their CEO give herself an outlandish salary but they waste millions of dollars each year suing other charities for using the word "cure" or using the color pink.

I hope people stop giving to them. I know I have.

http://www.marketplace.org/topics/your-money/susan-g-komen-fights-trademark

you're dead on keefe...the susan g koman organization has become the class bully of breast cancer.  plus i don't like their affiliation with "un"planned parenthood.  if they purport to be "pro-choice", then how come when you opt for your choice to not abort your child, you get excoriated.  same goes for when the pro-life groups try to put into place regulations to at least make abortion safer(cooling off periods and hospital affiliations with the death clinics), the "pro-choice people go ape crap
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GGGG on July 14, 2014, 08:27:54 AM
you're dead on keefe...the susan g koman organization has become the class bully of breast cancer.  plus i don't like their affiliation with "un"planned parenthood.  if they purport to be "pro-choice", then how come when you opt for your choice to not abort your child, you get excoriated.  same goes for when the pro-life groups try to put into place regulations to at least make abortion safer(cooling off periods and hospital affiliations with the death clinics), the "pro-choice people go ape crap


With all due respect, when you start using phrases like "death clinics" its hard to view you as objective on the topic. 

And Komen's money was limited to breast cancer screenings anyway.
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GGGG on July 14, 2014, 08:28:28 AM
I have a very strong personal interest in Breast Cancer Awareness and Research but am terribly repulsed by the behavior of the Susan G Komen organization. Not only did their CEO give herself an outlandish salary but they waste millions of dollars each year suing other charities for using the word "cure" or using the color pink.

I hope people stop giving to them. I know I have.

http://www.marketplace.org/topics/your-money/susan-g-komen-fights-trademark


Yeah just give it to the American Cancer Society.  They use the money much more effectively anyway.
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GGGG on July 14, 2014, 08:29:20 AM
That's sort of true.  You generally have to defend the name against uses that could create brand confusion, especially if it appears that is the intent.  For example, if I set up an online school and named it Duke's University, they would be expected to challenge my use of the name.  But in a case like this, where the product is in a line of business that nobody would think is associated with Duke University, you have the discretion to let it go without risking the name rights.


So it doesn't become a slippery slope kind of thing?  So if you let them use it for one, unrelated thing, they don't get free reign?
Title: Re: John Wayne heirs sue university over the name Duke
Post by: Spotcheck Billy on July 14, 2014, 09:24:29 AM
We support Ridin to a Cure for breast cancer research.
http://www.ridintoacure.com/
Title: Re: John Wayne heirs sue university over the name Duke
Post by: GooooMarquette on July 16, 2014, 02:05:16 PM

So it doesn't become a slippery slope kind of thing?  So if you let them use it for one, unrelated thing, they don't get free reign?

Typically not.  Most organizations with big brand names do a risk assessment when their name is used, and depending on the significance of the use and the degree of relationship with their business activities, might file a lawsuit, send a simple "cease and desist" letter (often without follow-up), or do nothing at all.

I'm not a trademark attorney, but a very close friend is, and tells me that this is common practice.