A row erupted and landed in a Nevada Federal Court in a claim by the son of the late Evil Knievel, the world famous stuntman, that Disney’s character, Duke Caboom was based on and copied from the famous bus leaping bike man.
Kelly Knievel, Evel’s son, who publically holds the intellectual property and publicity rights of his father through K and K Promotions, argued Disney had not sought permission to use Evel’s persona and likeness. Knievel was seeking damages totalling $300,000.
Knievel’s estate made allegations that Caboom was intentionally based on Evel Knievel and consumers across the world made the connection.
Unfortunately for the estate of the former canyon crossing daredevil the Court has ruled in favour of Disney, dismissing the claims of Kelly Knievel. The Court ruled there was enough difference between Caboom and Evel Knievel to avoid confusion and that Disney had not intentionally mislead people into believing Caboom was based on or associated with the great performer. This claim has crash landed.Posted by: Megan Walker in: EU/International, Legal News, Passing Off