File – In a file photo of September 8, 1974, Eberk Nibel sits on a steam-powered rocket bike across the Snake River Canyon in Twin Falls, Idaho. Judge dismisses trademark infringement proceedings filed by Evel Knievel’s son against Walt Disney Company and movie company Pixar over the fearless character of “Toy Story 4” named Duke Kaboom. Did. Kelly Nibel said on Monday, September 27, 2021, he was disappointed and could file a proceeding with the 9th Circuit Court of Appeals in San Francisco. (AP photo, file)
Las Vegas (AP) —The judge named the fearless character of “Toy Story 4” named Duke Kaboom, which Eberk Nibel’s son proposed to Walt Disney and the movie company Pixar a year ago. The proceedings over the trademark infringement have been dismissed.
“We are clearly disappointed,” Kelly Nibel said in an email Monday. “We are considering our options,” at the Ninth Circuit Court of Appeals in San Francisco.
Judge James Mahan of the US District Court in Las Vegas dismissed the proceedings against Walt Disney Studios Motion Pictures on September 23.
The judge wrote that Kaboom’s character was “reminiscent” of Nibel, but “Disney’s use of Evel Knievel’s portrait contains important transformational factors.” This is not a literal depiction.
The Walt Disney Co. Jeffrey R, a spokesman for. An email message from Epstein said he was traveling and could not comment immediately.
Kelly Knievel, head of Las Vegas-based Kand K Promotions, named the Caboom character “direct to legend and historical significance” of Knievel’s father, a famous stunt motorcyclist who died in 2007 at the age of 69 in Florida. Knockoff “. Lung disease.
In a proceeding filed in September 2020, Disney and Pixar were accused of deliberately modeling the characters in Nibel’s “Toy Story 4”. Cross the bus line at Wembley Stadium in London.
Evel Knievel was seriously injured many times during more than 75 motorcycle jumps. He survived a machine parachuting down the riverbank below after a rocket bike was shot at Snake River Canyon in Idaho in 1974.
In the lawsuit, the Evel Knievel Stunt Cycle toy, released in 1973, features a Knievel action figure dressed in a white helmet and a jumpsuit with red, white, and blue decorations on a motorcycle that can be propelled by a hoist. He said it was a feature.
Court filings pointed to the movie character and his “Duke Kaboom Stunt Cycle.” This describes Disney Pixar as fearless in the 1970s, based on “Canada’s Largest Stuntman” wearing a white jumpsuit and helmet with a Canadian insignia.
The judge said the characters in the movie had different names and outfits, were Canadian rather than American, had mustaches, and had different hair colors and styles than Nibel.
“The Dukeka boom is not a carbon copy of Eberk Nibel with some details removed,” Mahan wrote. “The Duke Kaboom action figure represents Disney’s expression in the film, not an attempt to imitate Eberk Nibel.”
Evel Knievel’s son loses Disney Duke Caboom trademark proceedings | WGN Radio 720
Source link Evel Knievel’s son loses Disney Duke Caboom trademark proceedings | WGN Radio 720
The post Evel Knievel’s son loses Disney Duke Caboom trademark proceedings | WGN Radio 720 appeared first on Illinois News Today.
No comments:
Post a Comment