Intellectual Property,
Entertainment & Sports
Aug. 25, 2022
Disney motorcycle rider not derivative of Evel Knievel
“In particular, Disney created a character with a different name, appearance, and back story,” the 9th U.S. Circuit Court of Appeals opinion stated. “Disney did not suggest that Evel Knievel was involved in ‘Toy Story 4’, nor was Evel Knievel mentioned in the film.”
A trademark and intellectual property action over a motorcycle-riding character called Duke Caboom in the movie “Toy Story 4” was dismissed by the 9th Circuit Court of Appeals, favoring defendants Walt Disney Studios on the grounds of First Amendment rights.
“When, as here, the challenged product is an ‘expressive work,’ we apply the test set forth in Rogers v. Grimaldi (2nd Cir. 1989), to accommodate First Amendment concerns and determine...
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