John Wayne's heirs ended an 11-year trademark fight with Duke University after agreeing that no letter of DUKE on their liquor will be blue

As a boy John Wayne took the nickname Duke from his family's Airedale terrier, also named Duke. He died of stomach cancer at the UCLA Medical Center in Los Angeles on 11 June 1979, aged 72. His heirs operate John Wayne Enterprises, and his son Ethan Wayne manages the estate. Duke University first opposed a Wayne family trademark in 2005, for a restaurant. In 2013 the company applied to register DUKE, DUKE JOHN WAYNE and DUKE 44-40 for alcoholic beverages, and from late 2013 the university filed 3 oppositions claiming likely confusion with, and dilution of, its own marks. In June 2014 the family began selling a Kentucky bourbon labelled Duke, with a picture of Wayne holding a rifle. On 3 July 2014 the company sued the university in federal court in Santa Ana, California, for a declaration of no confusion and no dilution. Ethan Wayne called the confusion claim "preposterous." On 30 September 2014 Judge David O. Carter dismissed the suit, ruling that the company had sued in the wrong court, and did not decide who owned the word. He said the company "may have a compelling argument against the scope of Duke's trademarks." The university said it did not object if Wayne's image appeared with the name. On 27 January 2016 both sides filed a joint motion limiting the DUKE and DUKE 44-40 marks to goods bearing Wayne's name, image or likeness. On 4 March 2016 the Trademark Trial and Appeal Board accepted that wording but refused to print a colour condition on the registrations. On 25 March 2016 the company stipulated that "no portion of the letters D, U, K and E in DUKE" will be blue, and the university withdrew, citing that and other commitments in a separate agreement. The oppositions were dismissed on 30 March 2016. DUKE was registered on 14 March 2017 as No. 5161307 and is live in 2026.