Disney wins a trademark case involving Toy Story’s Duke Caboom character.
According to Reuters, an appeals court has ruled in favor of The Walt Disney Company in a lawsuit brought against them regarding the appearance of “Toy Story 4’s” Duke Caboom.
The 1st Amendment protects Disney’s work from a lawsuit brought by the owner of the late Knievel’s intellectual property. The companies and their attorneys did not immediately respond to requests for comment on the decision.
Related: Aerial Look Shows Disney’s New Toy Story Restaurant Inches Closer to Opening
The 9th U.S. Circuit Court of Appeals upheld the decision, saying that the studios were immune to trademark claims. They cited Caboom was “clearly” relevant to the film, and that “unlike Evel Knievel, Duke Caboom is a fictional character in an animated film about toys that come to life.” The court also noted that Caboom was given a different backstory, name, and appearance, making it hard to claim that it was Knievel.
In this case, it helped for Disney/Pixar to use a unique name, appearance and backstory for Duke’s toy character.
Related: Meet the Toys in Toy Story Land – Returning Soon
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Image Credit: Pixar
Source: Reuters
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