John Wayne Enterprises LLC v. Duke University, and Does 1 through 10
Published: Oct. 25, 2014 | Result Date: Sep. 30, 2014 | Filing Date: Jan. 1, 1900 |Case number: 8:14-cv-01020-DOC-AN Bench Decision – Dismissal
Facts
John Wayne Enterprises LLC sued Duke University, involving a trademark dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed ownership rights to John "Duke" Wayne's name, image, likeness, and such. Plaintiff claimed that defendant had been involved in numerous proceedings in connection with certain marks that each of them had sought to register. In this dispute, plaintiff attempted to register the nickname "Duke," along with John Wayne's image and likeness, in connection with the sale of high-end alcoholic beverages. Next, plaintiff filed this action, seeking judicial determination that its registration and use of certain marks are not likely to cause confusion with and/or violate any of defendant's valid trademarks and do not dilute any of Duke's valid trademarks.
DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss this lawsuit for lack of personal jurisdiction and improper venue.
Result
The court granted Duke University's motion to dismiss, and dismissed the action without prejudice.
Other Information
The trademark disputes between the parties remain pending for an upcoming determination by the Patent and Trademark Office. FILING DATE: July 3, 2014.
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