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Thread: John Wayne Family suing Duke University

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    Rally Onion! Chip R's Avatar
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    John Wayne Family suing Duke University

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    Member Beltway's Avatar
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    Re: John Wayne Family suing Duke University

    F--- Puke University.

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    Hisssssssss Yachtzee's Avatar
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    Re: John Wayne Family suing Duke University

    On the one hand, I would agree that it's difficult to say that the word "Duke" refers to Duke University any more than the word "Ohio" refers to The Ohio State University. On the other hand, I find it unseemly that John Wayne's family seems so intent on cashing in on his name that they're constantly trying to put "Duke" on everything from Bourbon to charcoal. I'm all for the heirs of an estate being able to reap the ongoing benefits of the work a person created while they were alive. Plenty of successful people set things up so that their family can benefit from their work beyond their lifetime. But I just feel put off by families who use the famous name as an ATM post mortem. I question whether John Wayne would have really wanted his name to be on a bottle of Bourbon or a bag of charcoal, or if he would have endorsed Coors beer. Just like I wonder if Fred Astaire would have approved of his family allowing Ginger Rogers to be replaced by a Dirt Devil vacuum in a Super Bowl ad. (I don't know if Elvis would have approved of people making little statues of him where the head screws off and there's whiskey inside, but in his case, I figure he'd think it was pretty cool).
    Burn down the disco. Hang the blessed DJ. Because the music that he constantly plays, it says nothing to me about my life.

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    breath westofyou's Avatar
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    Re: John Wayne Family suing Duke University

    How ironic that Marion "Duke" died of lung cancer and that Duke is funded by tobacco money.

    That's all I have

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    The Boss dougdirt's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by Yachtzee View Post
    On the one hand, I would agree that it's difficult to say that the word "Duke" refers to Duke University any more than the word "Ohio" refers to The Ohio State University. On the other hand, I find it unseemly that John Wayne's family seems so intent on cashing in on his name that they're constantly trying to put "Duke" on everything from Bourbon to charcoal. I'm all for the heirs of an estate being able to reap the ongoing benefits of the work a person created while they were alive. Plenty of successful people set things up so that their family can benefit from their work beyond their lifetime. But I just feel put off by families who use the famous name as an ATM post mortem. I question whether John Wayne would have really wanted his name to be on a bottle of Bourbon or a bag of charcoal, or if he would have endorsed Coors beer. Just like I wonder if Fred Astaire would have approved of his family allowing Ginger Rogers to be replaced by a Dirt Devil vacuum in a Super Bowl ad. (I don't know if Elvis would have approved of people making little statues of him where the head screws off and there's whiskey inside, but in his case, I figure he'd think it was pretty cool).
    I don't mind it at all. He could have set it up so that they weren't allowed to do it if he wanted to, but he didn't. My guess is he would probably rather them live comfortably because of the money they make off of it than well, him not worry about how it doesn't actually effect him since he isn't around.

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    Hisssssssss Yachtzee's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by dougdirt View Post
    I don't mind it at all. He could have set it up so that they weren't allowed to do it if he wanted to, but he didn't. My guess is he woud probably rather them live comfortably because of the money they make off of it than well, him not worry about how it doesn't actually effect him since he isn't around.
    I don't think John Wayne or anyone else could have foreseen the technological advances and monetization of a person's image to the degree that it would allow people to insert the dead into advertising using a body double with digital imaging and audio manipulation. I also wouldn't presume to know what the deceased would want regarding the use of their work or likeness by future generations. There are case books full of law involving attempts by the deceased to control their legacy and attempts by their family to circumvent their wishes.

    It's common for those of us who don't have wealth to presume that those with wealth would wish to set up their heirs to live comfortably in the future. I think that comes from most of us wishing we had some wealthy relative who would leave us a bunch of money. Many wealthy people do set their family up to live comfortably, But many wealthy people also try to limit family contol of their estate and even prevent inheritance, whether it's to prevent those family members from becoming wasteful or greedy, or just because the deceased didn't like certain family members. But when the potential to control wealth and/or valuable assets come into play, that's when the lawyers get hired to challenge wills and trusts.

    That being said, I know of nothing to indicate that Wayne didn't want his family to slap his likeness on anything they wished. If they want to o ut Duke Bourbon or Duke Charcoal out there, or have his likeness digitally inserted into Super Bowl ads, so be it. But I still feel it's unseemly. Not illegal, just unseemly. I prefer to remember the dead for what they actually did rather than for what technology can make them do now.
    Burn down the disco. Hang the blessed DJ. Because the music that he constantly plays, it says nothing to me about my life.

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    Re: John Wayne Family suing Duke University

    http://www.johnwaynewaterfrontresort.com/

    Will I have to rebook my August trip?
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    Knowledge Is Good Big Klu's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by Yachtzee View Post
    On the one hand, I would agree that it's difficult to say that the word "Duke" refers to Duke University any more than the word "Ohio" refers to The Ohio State University. On the other hand, I find it unseemly that John Wayne's family seems so intent on cashing in on his name that they're constantly trying to put "Duke" on everything from Bourbon to charcoal. I'm all for the heirs of an estate being able to reap the ongoing benefits of the work a person created while they were alive. Plenty of successful people set things up so that their family can benefit from their work beyond their lifetime. But I just feel put off by families who use the famous name as an ATM post mortem. I question whether John Wayne would have really wanted his name to be on a bottle of Bourbon or a bag of charcoal, or if he would have endorsed Coors beer. Just like I wonder if Fred Astaire would have approved of his family allowing Ginger Rogers to be replaced by a Dirt Devil vacuum in a Super Bowl ad. (I don't know if Elvis would have approved of people making little statues of him where the head screws off and there's whiskey inside, but in his case, I figure he'd think it was pretty cool).
    The word "Ohio" explicitly does NOT refer to Ohio State University. There has already been a court case on this, about 15-20 years ago.
    Eric Stratton, Rush Chairman. Damn glad to meet ya.

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    Re: John Wayne Family suing Duke University

    As an alum of the Duke University School of Law (Class of '79), allow me to say that I think Duke University should lose this case, period. As I understand it, John Wayne's image will appear on the bottles of "Duke" whiskey. I don't believe that even a graduate of the University of North Carolina would confuse Duke Wayne with Duke University.
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."

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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by Big Klu View Post
    The word "Ohio" explicitly does NOT refer to Ohio State University. There has already been a court case on this, about 15-20 years ago.
    That is exactly what I was referring to and I suspect family of John Wayne will cite this case to bolster their argument. I can remember how ridiculous it seemed even then that Ohio State could try to prevent Ohio University from using the word "Ohio" to refer to it's school. Notice that Ohio State started emphasizing "THE" Ohio State University in referring to the school after they couldn't get OU to stop using "Ohio" in their logo.

    The whole point of trademark law is to prevent confusion in the marketplace. Using the name "Duke" with a picture of John Wayne on a bottle of whiskey would be highly unlikely to cause consumers to mistakenly associate such whiskey with Duke University, unless they used a picture of John Wayne photoshopped into a blue devil costume.
    Burn down the disco. Hang the blessed DJ. Because the music that he constantly plays, it says nothing to me about my life.

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    Big Red Machine RedsBaron's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by Yachtzee View Post
    Using the name "Duke" with a picture of John Wayne on a bottle of whiskey would be highly unlikely to cause consumers to mistakenly associate such whiskey with Duke University, unless they used a picture of John Wayne photoshopped into a blue devil costume.
    Now I have to get that image out of my head!
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."

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    Where's my chair? REDREAD's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by westofyou View Post
    How ironic that Marion "Duke" died of lung cancer and that Duke is funded by tobacco money.

    That's all I have
    The government also gets lots of funding from tobacco, as well as alcohol, and it's starting to get into taxing pot.. Heck, the soda companies push an addictive product which contributes a lot to diabetes and other health problems..

    RJ Reynolds paid to have a really nice bird aviary built in the NC zoo.. Does that mean we shouldn't enjoy it because it was built with "evil" money?

    I just don't get your point..

    On a lighter note, after they take care of John Wayne, I wonder if they go after the dog "Duke" on the Bush Baked bean commericals.. It sure confuses me
    http://www.bushbeans.com/en_US/about_us/jay_and_duke/
    Last edited by REDREAD; 08-27-2014 at 09:47 AM.
    Thank you Walt and Bob for going for it in 2010-2014!

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    Big Red Machine RedsBaron's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by REDREAD View Post

    On a lighter note, after they take care of John Wayne, I wonder if they go after the dog "Duke" on the Bush Baked bean commericals.. It sure confuses me
    http://www.bushbeans.com/en_US/about_us/jay_and_duke/
    Now I'm confused. I had better get my diploma out. Did I get a degree in baked beans? Duke Wayne, Duke University, Duke The Bush Bean dog, Duke Snider, put up your dukes, Marmaduke, Duke Ellington.....I am so confused!
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."

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    My clutch is broken RichRed's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by RedsBaron View Post
    Now I'm confused. I had better get my diploma out. Did I get a degree in baked beans? Duke Wayne, Duke University, Duke The Bush Bean dog, Duke Snider, put up your dukes, Marmaduke, Duke Ellington.....I am so confused!


    "I can make all the stadiums rock."
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  20. #15
    Big Red Machine RedsBaron's Avatar
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    Re: John Wayne Family suing Duke University

    Quote Originally Posted by RichRed View Post


    They are going to get sued!
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."


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