LAS VEGAS (AP) 鈥� A judge dismissed a trademark infringement lawsuit filed by Evel Knievel鈥檚 son a year ago against the Walt Disney Co. and movie company Pixar over a 鈥淭oy Story 4鈥� daredevil character named Duke Caboom.
鈥淲e鈥檙e obviously disappointed,鈥� Kelly Knievel said in a Monday email. 鈥淲e are considering our options鈥� at the 9th Circuit Court of Appeals in San Francisco.
U.S. District Judge James Mahan in Las Vegas dismissed the case against Walt Disney Studios Motion Pictures on Sept. 23.
The judge wrote that while the Caboom character was 鈥渞eminiscent鈥� of Knievel, 鈥淒isney鈥檚 use of Evel Knievel鈥檚 likeness contains significant transformative elements鈥� and is not a literal depiction.
An email message from The Walt Disney Co. spokesman Jeffrey R. Epstein said he was traveling and unavailable for immediate comment.
Kelly Knievel, head of Las Vegas-based K and K Promotions, had characterized the Caboom character as 鈥渁 direct knock-off of the legend and historical significance鈥� of Knievel鈥檚 father, the famous stunt motorcyclist who died in 2007 at 69 in Florida of lung disease.
The lawsuit filed in September 2020 accused Disney and Pixar of intentionally modeling the 鈥淭oy Story 4鈥� character on Knievel, whose stunts included motorcycle jumps in 1967 over the Caesars Palace fountain in Las Vegas 鈥� including a spectacular near-fatal crash 鈥� and in 1975 over a row of buses at Wembley Stadium in London.
Evel Knievel was seriously injured many times during more than 75 motorcycle jumps. He survived a 1974 rocket-motorcycle shot over Snake River Canyon in Idaho that ended with the machine parachuting to the riverbank below.
The lawsuit noted an Evel Knievel Stunt Cycle toy released in 1973 featured a Knievel action figure clad in a white helmet and jumpsuit with red, white and blue embellishments on a motorcycle that could be propelled with a wind-up device.
The court filing pointed to the film character and his 鈥淒uke Caboom Stunt Cycle,鈥� described by Disney Pixar as a 1970s-era daredevil based on 鈥淐anada鈥檚 greatest stuntman,鈥� clad in a white jumpsuit and helmet with Canadian insignia.
The judge said the film character has a different name and clothing, is Canadian rather than American, and wears a mustache and different hair color and style than Knievel.
鈥淒uke Caboom is not a carbon copy of Evel Knievel minus a few details,鈥� Mahan wrote. 鈥淭he Duke Caboom action figure is a representation of Disney鈥檚 expression in the film and not an attempt to imitate Evel Knievel.鈥�
Ken Ritter, The Associated Press
