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A federal trademark infringement lawsuit claims the motorcycle toy character was intentionally based on Evel.
Hollywood reporter). “data-reactid =” 35 “> Son Kelly Knievel – who has owned the publicity rights to his father’s name since 1998 – accused the filmmakers of never asking for permission to use Evel’s image (via Hollywood Reporter ).
The famed real-life stuntman has performed a number of well-publicized stunts, including fountain jumps at Caesars Palace in Las Vegas, and has been injured several times over the course of his career. He died in 2007.
“Evel Knievel hasn’t wowed millions of people around the world, hasn’t broken his bones and hasn’t shed his blood just so Disney could make a lot of money,” Kelly said in a statement.
He is suing unspecified damages totaling over $ 300,000 on charges of unfair enrichment and false approval.
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The lawsuit states that consumers and reviewers “have universally considered the link” and that the film company and Reeves have avoided any public association, link or confrontation “even if requested directly”.
The suit highlights Caboom’s description as a 1970s motorcycle racing toy and “Canada’s greatest stuntman,” and also includes side-by-side photos of the character and Evel.
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There is also an Evel Knievel Stunt Cycle toy released in 1973 wearing a white helmet and a suit with red, white and blue embellishments on a motorcycle with a charging device.
The suit adds that Disney has released a similar Caboom toy in combination with Toy Story 4, featured in McDonald’s Happy Meals.
Disney said in a statement from company spokesman Jeffrey R. Epstein that it will vigorously defend itself against what it described as meritless claims.
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