On the surface John Wayne's estate and Duke University make unlikely adversaries in a court of law, but the two sides continue to feud over the Hollywood legend's nickname: "Duke."

According to the Associated Press, the Wayne family filed a federal lawsuit this week to take control of marketing rights for Duke Bourbon Whiskey. The problem at hand is that both the Durham, N.C. university and John Wayne Enterprises, based in Calif., both have trademarks to the term "Duke."

Though Wayne, born Marion Mitchell Morrison in 1907, used the nickname "Duke" since childhood, Duke University was established in 1838. The school contends that allowing the Wayne family to use the nickname harms the name of the academically and athletically respected university.

"Duke University does not own the word 'Duke' in all contests and purposes," the Wayne family's lawyers wrote in their lawsuit, though they did not comment on the matter. "Duke is a common word that has been used for centuries in a wide array of commercial and other applications wholly independent of Duke University. Yet by the actions alleged herein, Duke University seems to think it owns the word 'Duke' for all purposes and applications."

Duke University uses the famous actor's nickname to market merchandise, mainly from their sports teams, the Blue Devils.

"While we admire and respect John Wayne's contributions to American culture, we are also committed to protecting the integrity of Duke University's trademarks," Michael Schoenfeld, a spokesman for the university, told the AP. "As Mr. Wayne himself said, 'Words are what men live by, words they say and mean.'"

Any decision made in the lawsuit could have an interesting impact on the United States Patent and Trademark Office, which has authorized 250 different trademarks for the word "Duke." John Wayne is one of the most recognizable and prolific actors of all time, as he starred in 175 films in 50 years, but he is especially known for his roles in westerns.