LAS VEGAS — Evel Knievel’s son is now on a crash course with the Walt Disney Co. and Pixar above a picture daredevil character named Duke Caboom.
A national trademark infringement lawsuit filed in Las Vegas accuses the film company of basing the new personality in last season’s”Toy Story 4″ on Knievel, whose famed stunts comprised bicycle jumps across the Caesars Palace fountains at vegas along with a succession of buses in Wembley Stadium in London, along with also a rocket shot to Snake River Canyon in Idaho.
Las Vegas-based K and K Promotions accuses Disney-owned Pixar of blatantly mimicking the Caboom personality, given by Keanau Reeves from the film, following Knievel — though Knievel’s title isn’t mentioned.
Son Kelly Knievel, mind of K and K, also has had advertisements rights to Evel Knievel’s name because 1998, as stated by the Tuesday court filing from U.S. District Court. He said Thursday that the moviemakers never sought permission to work with his dad’s likeness.
The Walt Disney Co., in a statement from corporate spokesman Jeffrey R. Epstein, said it will defend itself vigorously against what it’s called Knievel’s meritless claims.
Knievel is seeking unspecified damages totaled over US$300,000 on allegations which likewise consist of false approval and unjust enrichment.
The Caboom personality is clarified as Disney Pixar as a 1970s motorcycle-riding toy predicated on”Canada’s best stuntman,” according to the suit.
Photographs from the court filing placed Caboom side-by-side Knievel, who turned into an American superstar following his near-fatal 1967 Caesars Palace crash.
An Evel Knievel Stunt Cycle toy published in 1973 featured a Knievel action figure clad in a white helmet and jumpsuit with red, blue and white vases on a bike which may be propelled using a wind-up apparatus.
In vibrant descriptions of the film, the suit notes that the Caboom personality is a 1970s-era daredevil clad in a white jumpsuit and helmet using Canadian insignia along with also a”Duke Caboom Stunt Cycle.”
A propelled toy was first promoted together with the film, Knievel’s lawyers notice, and also the Caboom personality became a portion of some McDonald’s fast-food”Happy Meal” advertising.
Consumers and movie reviewers”universally captured on to the relationship,” the litigation noticed, although the film business and Reeves prevented making any public affiliation, link or contrast”even when directly asked.”
“Evel Knievel didn’t thrill millions round the planet, violate his bones and suck on his blood so Disney could earn a lot of cash,” Kelly Knievel explained in a statement announcing the suit.
Knievel was severely injured repeatedly during over 75 bicycle jumps. He expired 2007 in 69 at Florida of lung disorder, maybe not in a wreck.