Court Dismisses John Wayne Estate’s Suit Against Duke University

A California federal court has granted Duke University’s motion to dismiss in a lawsuit filed by John Wayne Enterprises seeking a declaratory judgment that its registration and use of Duke trademarks are not likely to cause consumer confusion and do not violate or dilute the school’s trademarks. John Wayne Enterprises, LLC v. Duke Univ., No. 14-1020 (C.D. Cal., order entered September 30, 2014). The case was dismissed on procedural grounds after the court found that it did not have jurisdiction over the North Carolina-based university. Additional information about the lawsuit appears in Issue 530 of this Update.

Issue 539