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Duncan

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Duncan is a yo-yo company that makes a line of professional grade yo-yos like the Freehand line of yo-yos. They also produce a line of classic yo-yos such as the Duncan Imperial and the Duncan Butterfly. The company was named after the founder Donald F. Duncan, but the company is now owned by Flambeau Inc after a bankruptcy in the 1960's in which the goodwill and products were sold to Flambeau and the equipment to Strombecker Toys. Flambeau is owned by Nordic Industries.

For a long time Duncan had the word "yo-yo" as a trademark which led to their slogan "If it's not a Duncan, it's not a yo-yo". In 1962 Duncan sued Royal and Dell over the use of the word yo-yo. The latter company stopped the production of their yo-yos, and a 3 year court battle between Duncan and Royal started regarding the trademarked word. The Supreme Court put the word "yo-yo" in the public domain, stating that the well-known Duncan slogan defined the name of the toy as a "yo-yo". This landmark decision is is still referenced in copyright court cases today. This long, costly court battle led to Duncan filing bankruptcy a led to the buy-out by Flambeau.

Contents

[edit] Steve Brown and Freehand

Duncan employed yo-yo pro Steve Brown as a marketing expert and yo-yo designer for a period from late 1999 to early 2006. During this time Steve developed and patented freehand yo-yoing. The patent (patent number 6,371,824), which only covers the USA and Germany, is owned by Duncan and Steve receives a 1.5% royalty for it.

[edit] Legal Threats

Nordic Industries' letter
Nordic Industries' letter
Josh's response
Josh's response


In March 2007, Nordic Industries sent letters to a number of prominent yo-yo sites (including the yo-yo wiki) and at least four yo-yo stores objecting to the usage of the terms "Freehand", "Imperial" and "Butterfly". The yo-yo community reaction was overwhelmingly negative, with a number of people parodying the "Duncan = Love" slogan with the alternative "Duncan = Lawsuit". Duncan later sent a letter, which conceded that Freehand is not a trademark in the USA although says little else.

As Duncan's letter did not comment on the usage of the other trademarks, Wilfred sent to following email to Duncan and received a response 7 weeks later.

Wilfred's email
Wilfred's email
Duncan's response
Duncan's response

The question as to whether the yo-yo community at large actually changes the terminology it uses remains to be seen. Greg Cohen, another recipient of these letters was simply asked to use a â„¢ after the words Duncan claims trademarks of. Jaco Greeff also received a letter and responded by taking his store down, although it seems to be back up. As the letters were not true cease and desist letters the chances of any actual legal proceedings seems low.

[edit] Yo-Yos Produced

[edit] Vintage and Unpromoted Lines

[edit] Wooden & Vintage

[edit] Fixed Axle

[edit] Transaxle

[edit] Metal

[edit] Donuts

Duncan yo-yos is separate from the company that makes donuts. But due to the old slogan of Duncan Yo-yos, "If it isn't a Duncan, it isn't a yo-yo" a lot of people in the yo-yo world have a strange obsession with Krispy Kreme donuts, because if it's not a Duncan it must be a Krispy Kreme donut.

This can be directly attributed to the involvement of Krispy Kreme donuts in Duncan's How To Be A Player Vol. 1 video.

[edit] External Links

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