Iron Duke Brewing in Ludlow MA changing name - cease and desist from Duke U

[sagegrouse]

I believe Dukes in the case of JMU arises from the last name of a popular school president.

The longest-serving and most consequential Duke President was William Preston Few, who served as President of Trinity and then Duke from 1910-1940. He persuaded James B. Duke to establish an endowment to create and build Duke University.

I have to say it -- we could have been the "Duke Few." Think of the possibilities.

Instead, as I imagine it, Few got to tell the Duke Board, most of whom were nominated by the Methodist church in NC, that Duke athletic teams were no longer "the Methodists" but had allied with the Devil himself, and it was the students who did it.

[Bay Area Duke Fan]

Regarding "Second, Morin said the word “Duke” is trademarked in the context of sports and that the school argued that Iron Duke’s business infringed on that trademark." - what about the James Madison University Dukes? Doesn't seem to be a problem for JMU. Does the "s" in Dukes make the difference, or something else?

How about the Duquesne University Dukes?

[LasVegas]

How about the Duquesne University Dukes?

The brotherhood jerseys that came out with the gothic looking font reminded me of something Duquesne university would wear. It was the very first thing that came to my mind considering that university is about 40 miles from my hometown.

[tteettimes]

Tear down every monument...fjord every stream.......


I guess......."...sigh

[duke79]

I live only about an hour and 15 minute drive from Ludlow, MA. If I were more motivated, I would drive over to visit the brewery to check it out before they change their name.

[budwom]

I live only about an hour and 15 minute drive from Ludlow, MA. If I were more motivated, I would drive over to visit the brewery to check it out before they change their name.

I'll be in Belchertown, MA next weekend to visit some beer swilling friends, and The Google tells me it's but 12 miles to Ludlow...maybe I can flash my Iron Duke card and exact some retribution?

[devildeac]

I live only about an hour and 15 minute drive from Ludlow, MA. If I were more motivated, I would drive over to visit the brewery to check it out before they change their name.

I'll be in Belchertown, MA next weekend to visit some beer swilling friends, and The Google tells me it's but 12 miles to Ludlow...maybe I can flash my Iron Duke card and exact some retribution?

Ymm, Beer would greatly appreciate your sacrifices.

[duke79]

I'll be in Belchertown, MA next weekend to visit some beer swilling friends, and The Google tells me it's but 12 miles to Ludlow...maybe I can flash my Iron Duke card and exact some retribution?

Yea, Belchertown (such an unfortunate name for a town!) is practically next door to Ludlow. Stop by the brewery and let us know if the swill is worthy of the name "Iron Duke"?

[uh_no]

I'll be in Belchertown, MA next weekend to visit some beer swilling friends, and The Google tells me it's but 12 miles to Ludlow...maybe I can flash my Iron Duke card and exact some retribution?

Look, as much as we were slighted by the name thing...I can't feel TOO hard against some people trying to deliver us with tasty beverage. It's doing a service to the world, and so long as they're not UNC fans, I'd say we can let it slide.

[budwom]

Look, as much as we were slighted by the name thing...I can't feel TOO hard against some people trying to deliver us with tasty beverage. It's doing a service to the world, and so long as they're not UNC fans, I'd say we can let it slide.

of course...I don't care what they do...kind of like the name myself.

[bundabergdevil]

This reminds me a little of the Eat More Kale guy taking down Chick-fil-A Eat More Chicken adverts.

Having worked for a very large brand conscious company employing a phalanx of rabid lawyers, I think this is both a bit silly and completely understandable at the same time. A divided house bundaberg cannot stand though so I guess I'll be scooting around the floor on my butt until I form a solid opinion on this thing.

[cspan37421]

Look, as much as we were slighted by the name thing...I can't feel TOO hard against some people trying to deliver us with tasty beverage. It's doing a service to the world, and so long as they're not UNC fans, I'd say we can let it slide.

If they have anything to do with the wording of the change.org petition [(currently) linked to in a short thread on the off-topic forum], they can go pound sand as far as I'm concerned.

[Bostondevil]

I am aware of or have been on the receiving end of such cease and desist letters more than once - all having to do with the names of local fringe theater companies. (Fringe theater companies come and go rather quickly. The best last about 10 years. The ones that last longer than that stop being fringe and make the jump to either "small" theater companies or, the really successful ones become Equity houses, but, I digress.) One theater company had a similar but not exactly the same name as a bar in Texas, the bar in Texas occasionally hosted live shows. Texas bar owned the trademark, Boston fringe theater company changed it name. (I didn't work directly with this company but I knew the people in charge.) The other time it happened, fringe theater company had selected the exact same name as a fringe theater company in New York City - no brainer, Boston theater company changed its name. I worked directly with this company. When the name change happened, we googled and searched and bought a website demain but did not register our own trademark post name change because, money. Wasn't worth it to register because we'd never have the resources to enforce the trademark. Shoestring budgets only go so far. That theater company, alas, no longer exists (another reason we didn't register a trademark, everyone kinda knew this company wasn't going to make it past 5 years). But the people associated with it have since regrouped into two new theater companies. I was involved in the naming of one of them and you better believe we thoroughly vetted the name we selected before we spent the first dollar on marketing. No sympathy for these people, none. Duke University owns the trademark for Iron Dukes. That's a google search. And no, just because the name means something to you and you're in Ludlow, Massachusetts does not mean that you get to use somebody else's trademark. That's why we have trademark laws.

[Tripping William]

I am aware of or have been on the receiving end of such cease and desist letters more than once - all having to do with the names of local fringe theater companies. (Fringe theater companies come and go rather quickly. The best last about 10 years. The ones that last longer than that stop being fringe and make the jump to either "small" theater companies or, the really successful ones become Equity houses, but, I digress.) One theater company had a similar but not exactly the same name as a bar in Texas, the bar in Texas occasionally hosted live shows. Texas bar owned the trademark, Boston fringe theater company changed it name. (I didn't work directly with this company but I knew the people in charge.) The other time it happened, fringe theater company had selected the exact same name as a fringe theater company in New York City - no brainer, Boston theater company changed its name. I worked directly with this company. When the name change happened, we googled and searched and bought a website demain but did not register our own trademark post name change because, money. Wasn't worth it to register because we'd never have the resources to enforce the trademark. Shoestring budgets only go so far. That theater company, alas, no longer exists (another reason we didn't register a trademark, everyone kinda knew this company wasn't going to make it past 5 years). But the people associated with it have since regrouped into two new theater companies. I was involved in the naming of one of them and you better believe we thoroughly vetted the name we selected before we spent the first dollar on marketing. No sympathy for these people, none. Duke University owns the trademark for Iron Dukes. That's a google search. And no, just because the name means something to you and you're in Ludlow, Massachusetts does not mean that you get to use somebody else's trademark. That's why we have trademark laws.

And it appears, on some further cursory inspection, that there is some history between these parties. In 2016, the brewery applied to register two IRON DUKE logo marks with the USPTO. Duke opposed those applications in 2017, and the brewery ultimately withdrew the applications without prejudice. That tells me that there *may* be some kind of side settlement arrangement between the parties. Some change in circumstance could well have occurred to prompt the C&D from Duke now. But it looks like this dispute has been kicking around in some fashion for 2-3 years now.

Also FWIW: Duke has registered the IRON DUKES mark for, among other goods, "drinking vessels." Part of the infringement assessment would therefore be the degree to which beer and glassware are considered "related goods" for purposes of the likelihood-of-confusion analysis.

[miramar]

what about the James Madison University Dukes? Doesn't seem to be a problem for JMU. Does the "s" in Dukes make the difference, or something else?

I remember that Bobby Knight would call us the Dukes when he was doing color commentary. I actually liked the Dukes, but now I see that James Madison would sue us if we had an alternate name.

[BD80]

I remember that Bobby Knight would call us the Dukes when he was doing color commentary. I actually liked the Dukes, but now I see that James Madison would sue us if we had an alternate name.

Whoa now. Isn't the concept of reasonableness somewhere a part of trademark law?

That would leave Bobby on the outside.

[budwom]

If the beer stinks we should enforce the trademark, otherwise let 'em have it.

[Pghdukie]

In Latrobe, Pa (Arnold Palmer) territory and St Vincent College (summer camp home of the Steelers) they used to brew Rolling Rock beer.Rolling Rock moved out. The brewery now actively produces Duquesne Beer. When Duquesne Brewery was in Pittsburgh - they produced DUKE ALE !

[DeweyDevil]

Fullsteam Brewing in Durham produced a Duke-inspired beer for the 2019 Duke Reunions. I have to assume this was in collaboration with Duke given the use of the Blue Devil logo. I wasn't at that reunion so I can't speak to how good that beer was, but I generally like Fullsteam's beers. (I stole the image from a friend's FB page.) My understanding is that this was a special beer just for the reunions and was not sold in stores.

Fullsteam IPA.jpg

[devildeac]

Fullsteam Brewing in Durham produced a Duke-inspired beer for the 2019 Duke Reunions. I have to assume this was in collaboration with Duke given the use of the Blue Devil logo. I wasn't at that reunion so I can't speak to how good that beer was, but I generally like Fullsteam's beers. (I stole the image from a friend's FB page.) My understanding is that this was a special beer just for the reunions and was not sold in stores.

Fullsteam IPA.jpg

Ha! Fuse and I may have found a can of that last year. Lemme go check on Ymm, Beer.