John Wayne's family sues Duke University

Who's the real Duke? Perhaps more importantly, who has the right to trademark "The Duke?"

That's the battle that has raged between North Carolina's Duke University and the family of the late western actor John Wayne, aka The Duke, for years.

CNN reports the family is now suing the university after the school filed several objections when the actor's descendants filed for federal trademarks to use "Duke" to sell products, including the launch of "Duke Kentucky Straight Bourbon Whiskey."

The school claims the "Duke Bourbon" is confusing and can hurt its credibility.

The lawsuit states Wayne has a legitimate claim to the nickname as he acquired it as a child, CNN reports.

The family claims its use of Duke will not cause confusion.

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