On Monday, the US court upheld a ruling that the daredevil character Duke Caboom from Disney Pixar Toy Story 4 did not copy Evel Knievel's persona, according to Reuters.
What’s Happening:
- On Monday, the court upheld the ruling that Duke Caboom from Disney Pixar Toy Story 4 did not copy Evel Knievel.
- The first amendment protects Disney's work from a lawsuit brought by the owner of the late Knievel's intellectual property.
- K&K Promotions Inc. sued Disney in Las Vegas federal court in 2020, saying Caboom, a Canadian stuntman action figure, was based on Knievel.
- They said that the movie and merchandise infringed on the famed daredevil's trademark and publicity rights.
- The three-judge panel said in the ruling that the Disney Pixar character was cleared from K&K's trademark claims because it was clearly relevant to an artistic work.
- They said it would not mislead audiences because "unlike Evel Knievel, Duke Caboom is a fictional character in an animated film about toys that come to life."
- The companies and their authorities have not responded to this decision.