K and K Promotions, Inc. v. Walt Disney Studios

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 22 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

K AND K PROMOTIONS, INC., No. 21-16740

Plaintiff-Appellant, D.C. No. 2:20-cv-01753-JCM-NJK v.

WALT DISNEY STUDIOS MOTION MEMORANDUM*

PICTURES; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted August 10, 2022 San Francisco, California

Before: RAWLINSON, BADE, and BRESS, Circuit Judges.

K&K Promotions, Inc. (“K&K”) appeals the district court’s dismissal of its

trademark action under the Lanham Act and Nevada state law. K&K alleges that

Disney infringed K&K’s intellectual property and publicity rights associated with

Evel Knievel by creating the character Duke Caboom for the movie Toy Story 4 and

using the character to sell toy merchandise. We review the district court’s order

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. granting Disney’s…