A Complaint Filed Against a NDP

[T Comp]

No, unfortunately not the TTB but a trademark dispute between Monument Valley Distillers over their label for DUKE Bourbon. Duke University has filed the Complaint trying to block Wayne's estate (Ethan Wayne a partner in Monument Valley Distillers) from using the label because it's similar to the university's own logo. You can find different write ups of the story by doing a search but I'll link to the Washington Post story since it contains a photo of the label and this whopper of a line attributed to Bryan Gray/ Duke Spirits "Duke Bourbon was inspired by bottles from John Wayne's personal whiskey collection, preserved for over 50 years and only recently discovered." And if Duke's collection really exists can you imagine what they would bring at auction.

http://www.washingtonpost.com/news/morning-mix/wp/2014/07/10/john-wayne-and-duke-university-in-dispute-over-duke-bourbon/

I also noticed this bourbon is available as listed on the Binny's web site-$27.99 and 88 proof. And, not another LDI/MGP if the label is to be believed.

[thebwood]

If not for filing this lawsuit, not a single person would have ever associated John Wayne pictured on a bottle of bourbon, with Duke University.

In any event, can't say I'm clamoring to try this one:

The Style of DUKE Bourbon was inspired by bottles from John Wayne’s personal whiskey collection, preserved for over 50 years and only recently discovered.

Meticulously blended to reflect The Duke’s preferred whiskey flavor profile from tasting notes left behind during the time he was planning his own distillery.

Distilled the old-fashioned way; hand crafted in small batches and aged in new hand built heavily charred American Oak barrels. A selection of 5 to 10 year old whiskeys are chosen barrel by barrel and blended by hand before the DUKE Bourbon reaches the bottle, and ultimately, you.

[HighInTheMtns]

I hate it because Monument Valley is most certainly not in California where from this "distillery" claims to be.

[PaulO]

Just my $.02, the label looks nothing like the Duke Blue Devils logo. The back label says distilled in Lawrenceburg, KY. There are two big distillers there: Four Roses, and Wild Turkey. WT has said they don't sell to NDPs.

[HighInTheMtns]

Just my $.02, the label looks nothing like the Duke Blue Devils logo. The back label says distilled in Lawrenceburg, KY. There are two big distillers there: Four Roses, and Wild Turkey. WT has said they don't sell to NDPs.

Except that they do sell to NDPs. Don't trust people who sell whiskey. They're always lying.

[jmj_203]

Except that they do sell to NDPs. Don't trust people who sell whiskey. They're always lying.

My nose and tastebuds have been telling me for the last 2 months that WT is lying about not selling to NDP's. Whether I had anyone else confirm they feel the same way, I will go to sleep each night knowing in my mind they are lying, and what I'm drinking is a vat of WT barrels and a few others.

[petrel800]

Not to beat on a horse, but let me add to the Duke University is off base on this one. The lettering isn't even close, not the same color and not used in a context that even connects the 2. Add in the spur and I think the university is being a bit of a bully on this one. I understand the need to preserve their copy rights and agree that infringements should be punished hard, but this one is about as far fetched as possible. Stuff like this makes me wish there was the penalty of loser pays in our court system. It could be the crappiest whiskey in the world, but the spirits company shouldn't be left with the bill on this unless there is some behind the scenes evidence of them trying to connect the 2. Otherwise, Duke U should foot the bill for this one.

As for the booze in the bottle . . . I'll be happy to read someone elses review if they want to grab a bottle, but this one will probably be safe right next to J.R.'s stuff on the shelf when I hit the store.

[PaulO]

...

As for the booze in the bottle . . . I'll be happy to read someone elses review if they want to grab a bottle, but this one will probably be safe right next to J.R.'s stuff on the shelf when I hit the store.

Pretty much sums up my feelings. Maybe a store will give me a free sample. :cool: All I was saying before is somebody in Lawrenceburg, KY made this (according to the label). I have no inside information.

[TunnelTiger]

you wanna really see some papers fly try naming one MacBourbon

[squire]

Or Glen anything on a Bourbon label. Truth is I suspect more people selected at random would associate the word Duke with the late Mr. Wayne than a university. Duke U. would be smarter to set up a distribution deal.

[cowdery]

As TComp knows, it is a trademark owner's responsibility to defend the mark and if an owner fails to zealously defend a mark, it can lose its value. I'm sure no one would deny that the value of Duke University's trademark is considerable. So Duke has to take on anybody who seems like even a long shot infringer. Every company with a valuable brand does this and sometimes the challenges can look or be made to look ridiculous but it doesn't seem so odd once you understand how trademark law works. Obviously, the Wayne estate has something valuable at stake too. Mainly what will happen as this unfolds is that the limits of how each entity can use the word "duke" will be established. Unfortunately for both, the word "duke" has a generic meaning as the male ruler of a duchy, and I don't recall Duke University ever suing Duke Ellington. Duke University certainly uses "Duke" as a brand and although it was John Wayne's nickname, the Wayne estate has never tried to make a brand out of it until now, so obviously they are pushing awfully close to if not actually into Duke's territory. It's not a frivolous action by any stretch. And the fact that the whiskey seems like a really shoddy, half-assed piece of work doesn't help their cause.

Edited July 15, 2014 by cowdery

[bigtoys]

While I defer to the legal scholar, as a layperson I wouldn't assume the two were related.

Also, while Duke U. may have a trademark, to me it isn't a "brand"--no product, it's first and foremost a SCHOOL.

So, even if it's not the greatest bourbon, let the market decide if it lives or dies.

Off the top of my head, there's Northwestern Univ and Northwestern Mutual Insurance, Harvard Univ. and Harvard Foosball tables, Yale Univ and Yale locks

[tanstaafl2]

I don't have strong feelings either way but don't really see how it impinges on Duke University without blue lettering and goofy little devils on the label. But I thought it would have made more sense to call it "The Duke" bourbon (Although what would make the most sense is not putting what is probably mediocre whiskey at best on the market at all for more than $10-$15 in a standard bottom shelf label). He might have been known as Duke to his friends but I always kinda thought of John Wayne as "The Duke". You put that in Google and the first link is his wiki page. You put just "Duke" and the first link is the University.

[ramblinman]

Truth is I suspect more people selected at random would associate the word Duke with the late Mr. Wayne than a university.

Not a chance. Maybe with the geriatric crowd but I don't think anyone I know would even associate the word with John Wayne.

[squire]

Alright I'll go with The Duke then.

[TunnelTiger]

Doesn't the university spell it dook anyway?

[squire]

And for true geriatrics it would've been Edward, Duke of Winsor, who abdicated the throne to marry Wallis Simpson.

[393foureyedfox]

Not a chance. Maybe with the geriatric crowd but I don't think anyone I know would even associate the word with John Wayne.

[cowdery]

Saw a bottle at Binny's today. Certainly with the large image of Wayne (in cowboy gear, of course) on the label, marketplace confusion is highly unlikely. Still I understand why Duke University needs to file this. They'll probably settle out of court with an agreement that limits how the Wayne estate can use the term, and they'll have to put a little disclaimer line on the label somewhere.

As an experiment, I encourage everyone to try the following with a couple people. Say, "What's the first thing that comes into your mind when I say 'Duke'?"

My prediction: Duke University will win by a large margin, the rest will be split between John Wayne and Duke Ellington. Approximately 1/3 will think you said "Dude."

By the way, the Lincoln Park Binny's is all torn up for some kind of remodeling and it looks like they're not reordering until they're finished because there were many more shelf-outs than usual. Also, no spirits specials on the floor and the whole place a mess.

One interesting change, and I believe this is permanent and not part of the remodeling. They have moved all of the flavored whiskeys to the shelf with liqueurs, vermouths, gins, and other specialty spirits against the west wall. Some of the flavored whiskeys are, in fact, liqueurs. The Jack Honey is. But Red Stag is not and they have that over there too. I like it. (Sort of puts the lie to idea that flavored whiskeys are bringing new drinkers to the whiskey category, though.)

[Josh]

I dunno I tend to think of this guy:

Or this guy:

[oke&coke]

You are from Hawaii when you think of Duke Kahanamoku.

Edited July 16, 2014 by oke&coke

[Kalessin]

Most of my friends are more into classic film than college sports, so John Wayne would probably be the primary reference.

(In my own mind, too many things are named Duke for one to have enough distinction to own it as a trademark. "Duke University" is the name in my mind for the school, not the "Duke" word standing alone. Duke, duke, duke, duke of earl, earl, earl...)

[dcbt]

I'm 37 and have never seen a John Wayne film. To me, "Duke" refers to the university; "The Duke" refers to John Wayne.

[kjbeggs]

If I caught the word "duke" in a random conversation, I would assume those involved were talking college basketball.

On the other hand, I've seen several interviews with friends of John Wayne, where in the course of the story, they referred to him (and addressed him) as "Duke", not "The Duke".

If the University has a problem with any of this, maybe they should have sued Mr. Wayne and his friends to try and stop them from calling him "Duke" years ago.

I don't think anyone is going to see this label on a store shelf and assume it's affiliated with Duke University.

Is the Rose Bowl committee going to go after Four Roses next, or maybe the University of Texas will try to get F&R to change the name of their TX Whiskey...

Edited July 16, 2014 by kjbeggs

[steeltownbbq]

As an experiment, I encourage everyone to try the following with a couple people. Say, "What's the first thing that comes into your mind when I say 'Duke'?"

Pittsburgh natives of a certain age will remember this product of the Duquense Brewing Company Recently reintroduced into the Western PA market.