AceShowbiz -

John Wayne's inheritors have lost a legal brawl against Duke University over the use of "Duke" nickname. On Tuesday, September 30, a federal judge in California dismissed the lawsuit filed by John Wayne Enterprises on jurisdictional grounds.

U.S. District Judge David Carter told The Hollywood Reporter, "There is no basis for JWE's contention that a defendant's actions to protect its intellectual property rights in an administrative proceeding constitute the type of harm contemplated under the 'effects test.' "

According to the judge, "effect test" measures whether a defendant acted in a way that was wrongful and expressly aimed at affecting California and whether harm was likely to be suffered in the state.

John Wayne Enterprises and Duke University have been fighting over the use of the nickname since 2005. The throwdown entered federal court on the subject of food and alcohol this past summer.

Back in July, John's heirs filed a lawsuit against the university who objected John Wayne Enterprises' plan to register the nickname "Duke" as a brand of bourbon and other alcoholic beverages.

At that time, Duke University told The Los Angeles Times, "The university doesn't object to the use of 'Duke' on alcoholic beverages, as long as it is clearly linked to John Wayne's likeness."

Representatives for John Wayne Enterprises have not commented on the issue yet.