Evel Knievel's family company sued Disney over Toy Story 4's Duke Caboom, and two federal courts held the toy daredevil transformed his likeness

Evel Knievel died of lung disease in Clearwater, Florida, on 30 November 2007, aged 69. K and K Promotions, a Las Vegas company headed by his son Kelly Knievel, claims ownership of the trademark and of the rights to portrayals of his likeness, merchandise and publicity. The Disney and Pixar film Toy Story 4 features Duke Caboom, a Canadian daredevil toy voiced by Keanu Reeves, with a white outfit, a horseshoe mustache and a toy motorcycle. Disney released Duke Caboom toys, including a Duke Caboom Stunt Cycle that Disney Pixar described as based on "Canada's greatest stuntman." In September 2020 K and K sued Disney and Pixar in federal court in Las Vegas. It alleged that the character was modelled on Knievel without permission, that Disney copied the 1973 Evel Knievel Stunt Cycle toy, and that Disney profited from the merchandise. It sought damages and the film's profits. On 23 September 2021 US District Judge James Mahan dismissed the case. He found Duke Caboom "reminiscent" of Knievel and held that Disney's use "contains significant transformative elements." He noted that Caboom has a different name and clothing, is Canadian, and has a mustache and different hair. He wrote that Caboom "is not a carbon copy of Evel Knievel minus a few details." Kelly Knievel said, "We're obviously disappointed," and called Caboom "a direct knock-off" of his father's career. K and K appealed. On 22 August 2022 a Ninth Circuit panel affirmed in an unpublished memorandum (No. 21-16740). It held that the transformative-use defense barred the Nevada publicity claim, that the trademark claims failed the First Amendment test for artistic works, and that the toy's popularity came from the Toy Story films. No further appeal was reported.