Duke University
JACKSONVILLE, Fla. – A Black-owned boxing gloves and equipment company alleges Duke University is intentionally using its Put Up Your Dukes trademark, in a federal lawsuit filed last month.
Plaintiff KDukes Boxing Inc., based in Brooklyn, New York, filed its lawsuit against the university in U.S. District Court for the Middle District of Florida, Jacksonville Division.
In its 29-page complaint, KDukes alleges Duke has committed and continues to commit acts of trademark infringement and unfair competition by using the company’s federally-registered trademark and related marks.
“Defendant is and has been using Plaintiff’s PUT UP YOUR DUKES® Mark without authorization in connection with the promotion, advertising, offer for sale, and sale of apparel, including on the Internet and mobile devices, and including to consumers in Florida,” the lawsuit states.
“Defendant’s continued infringement of Plaintiff’s PUT UP YOUR DUKES® Marks despite actual notice of Plaintiff’s superior intellectual property rights is willful, deliberate and intentional.”
According to its complaint, KDukes was established in 2016 by Kalvin Dukes, a Marine Corps veteran with more than two decades of boxing industry experience.
“Fueled by his love for the sport of boxing and a friend’s career-threatening hand injuries, Mr. Dukes designed gloves that enhance performance and prioritize fighter safety,” the filing states.
“Today Plaintiff provides apparel, boxing gloves and equipment to professional fighters and others engaged in boxing training and fitness activities.”
KDukes claims it owns U.S. Trademark Registration Nos. 5716319 and 5467313. The company contends it has been using its Put Up Your Dukes mark and related marks with apparel, boxing gloves, and equipment for more than nine years.
“The PUT UP YOUR DUKES® Marks are distinctive and used to identify high quality products originating with Plaintiff,” the filing states.
It notes that Duke has had “express knowledge” of the boxing company’s marks since at least October 2017.
“Notwithstanding Defendant’s longstanding prior express knowledge of Plaintiff and its PUT UP YOUR DUKES® Marks, Defendant announced on August 4, 2024 that it had introduced a new ‘Secondary Logo’ prominently featuring Plaintiff’s PUT UP YOUR DUKES® Mark,” the complaint states.
KDukes alleges the university continues to use its mark without authorization – including on a billboard at Wallace Wade Stadium, where its football team plays, during the 2025-26 season.
The company contends Duke also has shared its infringing images nationwide and in Florida, through social media accounts like Instagram.
“Defendant even used Plaintiff’s PUT UP YOUR DUKES® Mark without authorization on and in connection with billboards that could be seen and, on information and belief, have been seen by countless interstate travelers, including travelers from Florida,” the lawsuit states.
KDukes alleges Duke also has been using its marks on apparel, which the university has been selling.
“At no time did Plaintiff ever give Defendant license, permission or authority to use or display a mark consisting of or including Plaintiff’s PUT UP YOUR DUKES® Mark on or in connection with any advertising, promotion, offer for sale, or sale of any goods or services of Defendant,” the filing states.
“Defendant has otherwise competed unfairly with Plaintiff by unlawfully trading on and using a mark that is identical and/or confusingly similar to Plaintiff’s PUT UP YOUR DUKES® Marks without Plaintiff's permission or consent.”
KDukes seeks an order permanently enjoining Duke from using any mark consisting of or including the phrase “Put Up Your Dukes,” or any mark that is “confusingly similar.”
It also seeks an order for Duke to deliver up the “destruction of all devices, containers, labels, signs, packaging, goods, advertising, promotional material or the like” bearing the trademark that are in the university’s possession, custody or control.
KDukes also seeks damages, including Duke’s profits from the trademarks as well as court costs and attorney fees.
Atlantic Beach, Florida, law firm Holley & Menker PA is representing KDukes in the lawsuit.
