Inheritor of the Wing
On one hand, Caboom's status as an homage/a parody is pretty obvious and it isn't like there's many other high-prominence celebrity daredevils to spoof that people would recognize... and I don't think Knievel's estate has ownership on the suit he wore, either?
On the other, I feel like $300k is pretty modest/reasonable compared to what most people file for when making cases like this. And Caboom was plastered all over Go-gurts and merch and whatnot to promote Toy Story 4, while the parody status only really applies to the movie itself.
I think. Not sure how that works as far as marketable merchandise and cross-promotions go.
Disney has the cash to settle out of court. Especially for that amount.
Wait... Jeffrey R. Epstein? I associate that name with a certain businessman and sex offender, but he's already dead so it couldn't be him...
Evel Knievel's son is suing Disney, claiming that Duke Caboom is an unauthorized lift on his father
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Son Kelly Knievel, head of K and K, has had publicity rights to Evel Knievel's name since 1998, according to the Tuesday court filing in U.S. District Court. He said Thursday the moviemakers never sought permission to use his father's likeness.
The Walt Disney Co., in a statement from corporate spokesman Jeffrey R. Epstein, said it will defend itself vigorously against what it called Knievel's meritless claims.
Knievel is seeking unspecified damages totalling more than US$300,000 on allegations that also include false endorsement and unjust enrichment.
I don't really see this lawsuit going anywhere, since I think it'd be easy to cite Duke Caboom as a parody of Knievel, and would therefore fall under fair-use.
Edited by chasemaddigan on Sep 24th 2020 at 9:44:31 AM