Disney is being sued by the copyright owner of the Evel Knievel brand over the Duke Caboom character from Toy Story 4.
What’s Happening:
- K&K Promotions, Inc., owner of the intellectual rights to the Evel Knievel brand, are suing The Walt Disney Company.
- The lawsuit claims that the character of Duke Caboom in Toy Story 4 infringes on their Evel Knievel trademark.
- Evel Knievel’s rise to fame began in the 1960’s and was famous for wearing a white jumpsuit with American flag insignia.
- The real-life stunt performer Evel Knievel also inspired a toy line in the 1970s, including a doll in his signature jumpsuit and a pull-back motorcycle.
- Duke Caboom is a toy based on a fictional Canadian stunt bike performer who wears a white jumpsuit with Canadian flag insignia.
- A commercial for Duke Caboom in the film makes the toy look like it came from the 1970’s or 1980’s, with the toy voiced by Keanu Reeves being found in an antique shop.
- The lawsuit, filed in Las Vegas, states that Duke Caboom is an unlawful knockoff of the classic toy, which was re-released earlier this year.
- K&K Promotions, Inc. is seeking compensatory and punitive damages from Disney in addition to profits from Toy Story 4 to be determined in a trial.