LAS VEGAS — A judge has dismissed a trademark infringement lawsuit filed by Evel Knievel’s son against the Walt Disney Co. and movie company Pixar over a “Toy Story 4” daredevil character named Duke Caboom.
Kelly Knievel said Monday he’s disappointed and may take the case to the 9th Circuit Court of Appeals in San Francisco.
A U.S. district judge in Las Vegas dismissed the case Sept. 23, saying that while the Caboom character was “reminiscent” of Evel Knievel’s likeness, Disney added “significant transformative elements” and it wasn’t a literal depiction.
A Walt Disney Co. spokesman didn’t immediately comment.
Kelly Knievel heads Las Vegas-based K and K Promotions. His father died in 2007 at 69 in Florida of lung disease.