LAS VEGAS: A decide dismissed a trademark infringement lawsuit filed by Evel Knievels son a 12 months in the past in opposition to the Walt Disney Co. and film firm Pixar over a Toy Story 4 daredevil character named Duke Caboom.
Had been clearly upset, Kelly Knievel stated in a Monday e-mail. We’re contemplating our choices on the ninth Circuit Court docket of Appeals in San Francisco.
U.S. District Decide James Mahan in Las Vegas dismissed the case in opposition to Walt Disney Studios Movement Photos on Sept. 23.
The decide wrote that whereas the Caboom character was paying homage to Knievel, Disneys use of Evel Knievels likeness comprises vital transformative parts and isn’t a literal depiction.
An e-mail message from The Walt Disney Co. spokesman Jeffrey R. Epstein stated he was touring and unavailable for rapid remark.
Kelly Knievel, head of Las Vegas-based Okay and Okay Promotions, had characterised the Caboom character as a direct knock-off of the legend and historic significance of Knievels father, the well-known stunt motorcyclist who died in 2007 at 69 in Florida of lung illness.
The lawsuit filed in September 2020 accused Disney and Pixar of deliberately modeling the Toy Story 4 character on Knievel, whose stunts included motorbike jumps in 1967 over the Caesars Palace fountain in Las Vegas together with a spectacular near-fatal crash and in 1975 over a row of buses at Wembley Stadium in London.
Evel Knievel was critically injured many instances throughout greater than 75 motorbike jumps. He survived a 1974 rocket-motorcycle shot over Snake River Canyon in Idaho that ended with the machine parachuting to the riverbank under.
The lawsuit famous an Evel Knievel Stunt Cycle toy launched in 1973 featured a Knievel motion determine clad in a white helmet and jumpsuit with crimson, white and blue elaborations on a motorbike that could possibly be propelled with a wind-up gadget.
The court docket submitting pointed to the movie character and his Duke Caboom Stunt Cycle, described by Disney Pixar as a Seventies-era daredevil primarily based on Canadas biggest stuntman, clad in a white jumpsuit and helmet with Canadian insignia.
The decide stated the movie character has a special title and clothes, is Canadian fairly than American, and wears a mustache and completely different hair shade and elegance than Knievel.
Duke Caboom shouldn’t be a carbon copy of Evel Knievel minus a couple of particulars, Mahan wrote. The Duke Caboom motion determine is a illustration of Disneys expression within the movie and never an try to imitate Evel Knievel.
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