At Nationals Park on Thursday night, during the annual Congressional Baseball Game, Republicans and Democrats sat in opposite sections. But all rooted for one team: Team Scalise. For a few hours, just a day after House Majority Whip Steve Scalise (R-LA) was shot while practicing at a baseball diamond in the Virginia suburbs, the game was a rare moment of unity.

Before the first pitch, both teams trotted out to second base and huddled around each other for a moment of prayer. And after the game, which the Democrats won 11-2, the Democratic manager, Representative Mike Doyle (D-PA), gave the trophy to the Republicans to put in Scalise’s office.

“Not here this evening, but in our thoughts and prayers–Steve Scalise,” boomed the loudspeaker at the end of announcing the GOP’s lineup. Both sides of the stadium responded with a raucous standing ovation. There were other unifying symbols: some members from both parties wore Louisiana State University hats and shirts, in a nod to Scalise’s alma mater. Signs in both the Republican and Democratic sections read: “Scalise Strong” and “Team Scalise.”

President Donald Trump delivered a video message to the 60 or so congressmen on the field: “By playing tonight, you are showing the world that we will not be intimidated by threats, acts of violence, or assaults on our democracy,” Trump said. “The game will go on.”

The view from the Republican side. Image courtesy of Alec Siegel for Law Street.

But not all of the record-setting 25,000 attendees felt that this fleeting moment of unity signaled a shift toward bipartisanship.

“The country is not going to get past partisanship,” John Blasko, wearing a Washington Nationals jersey and carrying a blue, Democratic foam finger, told Law Street. “It’s not going to happen.” Blasko, who works in real estate and sells merchandise at Grateful Dead shows (he’s been to 410, by his count) said partisanship in the U.S. “couldn’t be worse.”

Blasko is not hopeful Wednesday’s shooting will lead to any significant change in the political climate, saying it “means nothing.” But still, despite his fatalistic outlook, Blasko’s parting words were befitting of a Grateful Dead die-hard: “everybody love everybody,” he advised.

That sentiment seemed distant on Wednesday morning, when John Hodgkinson, a vocal Trump critic, stormed the GOP’s practice in Alexandria, Virginia, with a rifle. He sprayed the field with bullets, hitting four, including Scalise and Capitol Police officer David Bailey, who threw the first pitch at Thursday’s game. As of Thursday evening, Scalise remained in critical condition, and “will be in the hospital for some time,” the hospital that is treating him said in a statement.

The stands on Thursday were full of hope for the future, in spite of Wednesday’s attack.

Julian, a sophomore at Yale majoring in political science, said the political climate “could be better.” Still, he told Law Street while munching on nachos early on in the game, “I don’t think we’re on a downward slope, I think we’re going to be fine.” He said the unity on display Thursday night is “one of those markers to the public that yes congressmen can be bipartisan, yes they can cooperate, yes they are friends in the office. They’re not just bitter enemies.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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A California federal court dismissed a trademark lawsuit last week that John Wayne Enterprises brought against Duke University. The case was dismissed based on lack of jurisdiction and improper venue.

Actor John Wayne, born Marion Robert Morrison, had several nicknames that contained the word “Duke,” such as Duke Morrison, Duke Wayne, and The Duke. John Wayne Enterprises was created to “preserve and protect the name, image, and likeness of John Wayne by associating the John Wayne brand with quality and timeless products and experiences that embody the spirit of John Wayne and give back to the community.” In July 2013, the organization filed a trademark application with the Patent and Trademark Office to use the trademarks “Duke” and “Duke John Wayne” on all alcoholic beverages except beer. Last July, the organization sued Duke University for infringing its Duke trademark on alcoholic bottles.

John Wayne Enterprises argued that Duke University does not own the word “Duke” for use for all purposes’ however, the university argued that John Wayne Enterprises’ use of “Duke” on alcohol beverages caused consumer confusion, which trademark law is designed to prevent. According to the Los Angeles Times, John Wayne Enterprises’ “Duke” trademark is “a label on a bottle of bourbon stamped with a silhouette of the movie star in a cowboy hat, clutching a gun. The name ‘DUKE’ is stamped over his thighs, and John Wayne’s signature is reproduced near his feet.”  The John Wayne Enterprises logo can be seen here.

John Wayne Enterprises tried to gain personal jurisdiction over Duke University in a California federal court because “the school actively recruits students there, raises money there, maintains alumni associations there and sells university-related products there.” However, U.S. District Judge David Carter dismissed the Wayne estate’s lawsuit for lack of jurisdiction and said the case belonged in front of the Patent and Trademark Office Trademark Appeal Board in Alexandria, Virginia.

The court believed that “Duke was aware of John Wayne Enterprises’s presence in the state, but that there was no showing how Duke [University] purposefully directed its conduct at California by filing an opposition to trademarks in Virginia [the location of the Patent and Trademark Office.]”

John Wayne Enterprises and Duke University have battled over the use of the “Duke” trademark before. A July article in the Hollywood Reporter cites conflicts over using the name “Duke” in restaurant services, gaming machines, and celebrity licensing services. Thus, Judge Carter’s dismissal is likely not the end of this case. John Wayne Enterprises can always bring a suit against Duke University on the East Coast.

It’s rare to see John Wayne on the losing-end of a battle, but I am sure that John Wayne Enterprises is already preparing its next move to prevail in the end.

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

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