Disney sued over ‘Toy Story 4’ character resemblance to Evel Knievel

The Walt Disney Company and Pixar are being sued over the “Duke Caboom” character in “Toy Story 4” by the brand that owns the intellectual property rights of famed motorcycle daredevil Evel Knievel.

K&K Promotions, Inc. is alleges trademark infringement and violations of K&K’s rights of publicity.

For those unfamiliar with the characters. Evel Knievel gained worldwide fame for performing death-defying motorcycle jumps in the 1960s and 1970s. His signature wardrobe was a white jumpsuit with star-spangled red, white and blue patriotic insignia with matching cape and helmet. His motorcycle was similarily outfitted.

Over his career, Knievel attempted more than 75 ramp to ramp jumps. Not all were successful. Some of his most famous crashes included his jump over over the fountains of Caesar’s Palace Hotel in Las Vegas, launching a steam-powered rocket over the Snake River Canyon in Idaho, and jumping over 13 buses at England’s Wembley Stadium.

In 1973, Ideal Toys released the iconic Evel Knievel Stunt Cycle featuring a doll of Knievel in his red, white, and blue jumpsuit and matching helmet and motorcycle. The toy came with an “Energizer,” which users would wind up and release, propelling the toy motorcycle and doll forward.

When Disney Pixar released “Toy Story 4” in 2019, it introduced “Duke Caboom,” voiced by Keanu Reeves. The character is a 1970s-era motorcycle-riding toy stuntman.

According to Disney, “Duke Caboom is a 1970s toy based on Canada’s greatest stuntman. Riding his powerful Caboom stunt-cycle, Duke is always prepared to show off his stunt poses with confidence and swagger. However, Woody learns quickly that Duke has an Achilles heel: He has never been able to do the awesome stunts advertised in his own toy commercial. For years, Duke has been sitting in an antique store, constantly reliving the failures of his tragic past.”

The complaint alleges the Disney character is an unlawful knockoff of the Evel Knievel Stunt Cycle. toy, which was re-released earlier this year. It is seeking financial damages as well as profits from the film, “in an amount to be determined at trial.”

The lawsuit was filed by K&K’s attorneys Randall Jones and Ronald DiNicola in U.S. District Court in Las Vegas.