In line with court docket paperwork obtained by Deadline, Kelly filed a lawsuit in opposition to Walt Disney Footage and Pixar over the Toy Story 4 character Duke Caboom. The lawsuit notes the resemblance between Evel Knievel and Duke Caboom citing that the toy character is a 1970s-era daredevil who dons a white jumpsuit and a “Duke Caboom Stunt Cycle.”
“Defendants have utilized in commerce, and proceed to make use of in commerce, the likeness, fame, and picture of Evel Knievel within the movie Toy Story 4 by means of Defendants’ depiction of Duke Caboom, and has exploited the identical connection by means of advertising and marketing, promotion, promoting, and gross sales of Toy Story 4 … all with out the consent or approval of Okay&Okay,” the lawsuit reads.
“Evel Knievel didn’t thrill tens of millions world wide, break his bones and spill his blood simply so Disney might make a bunch of cash. He stays an immediately acknowledged icon, as demonstrated by the massive reputation of the re-issued Evel Knievel Stunt Cycle amongst youngsters who hadn’t even been born when my father died a dozen years in the past,” (by way of The Publish) Kelly claimed within the trademark infringement lawsuit filed on Sept. 22 in Las Vegas.