The IPKat learns from the Washington Post that motorcycle stuntman Evel Knievel is suing musician Kayne West for trade mark infringement. West’s Touch the Sky music video features West as a stuntman called "Evel Kanyevel," dressed in a jumpsuit similar to that which Knievel is famous for wearing. The Kanyevel character is intimate with Pamela Anderson and recreates a stunt similar to one performed by Knievel in the 70s. In his lawsuit, Knievel, who has trade mark rights over both his name and his image argues that the video is
"directly counter to Evel Knievel's long-established public persona, utterly inconsistent with his toy products and appeal to children, and harms the reputation of the Evel Knievel trademark and the Evel Knievel costume."
The IPKat wonders whether (depending on the timing of the video) this will be a test for the US’s new trade mark dilution act. If it is, he notes that there is a defence for fair use activities identifying and parodying, criticising or commenting upon the famous mark owner or the goods or services of the famous mark owner.
Wednesday, 13 December 2006
Posted by Ilanah at 8:36:00 p.m.