The hits just keep on coming over at the National Motorcycle Museum in Anamosa, Iowa. In January 2023, the museum announced that it would officially be closing its doors for the final time later this year, in September. Financial struggles were cited as a reason, combined with low visitation to the museum—two things that unfortunately go hand in hand.
On Monday, April 17, 2023, the beleaguered museum received an extra (metaphorical) punch; this time, in the form of a lawsuit. A trademark case was filed in the Iowa Northern District Court, with the title “K & K Promotions, Inc v. The National Motorcycle Museum.” Why the lawsuit, and what does any of this mean?
As you may recall from its lawsuit against Disney over the character of Duke Caboom in Toy Story 4, K & K Productions Inc is the company of Evel Knievel’s son, Kelly. Back in 2020, K & K Productions, Inc sued Disney, Pixar, and related companies over what it claimed was intellectual property rights infringement over the character. However, in September 2021, a Nevada federal court judge found that the character did not infringe on the rights claimed and dismissed the case.
Regarding K & K Productions, Inc’s lawsuit against the National Motorcycle Museum, the plaintiff (K & K Productions) alleges trademark infringement once again, this time related directly to Evel Knievel and his likeness. K & K Productions, which is also responsible for the one and only official Evel Knievel Museum, claims exclusive ownership of Evel Knievel’s likeness.
The National Motorcycle Museum has utilized images of Knievel in its promotion, and also painted and displayed a replica motorbike to look like one that Knievel used. According to the Iowa Capital Dispatch, it has also featured a replica of a stunt rocket that Knievel used in his failed 1974 Snake River Canyon jump.
K & K Productions also takes issue with the National Motorcycle Museum’s sale of Evel Knievel-related merchandise in its gift shop. It is claiming losses of at least $75,000, as well as “irreparable injury to its business and reputation.”
The case was filed on Monday, April 17, 2023. A summons was issued to the National Motorcycle Museum on Tuesday, April 18, 2023, but as of the morning of April 20, it has not yet filed a response. The museum told local news outlets that it has pulled its Knievel-related items from display.
While the NMM does charge an admission fee, it is perhaps worth noting that it’s chartered as a 501(c)3 non-profit corporation and is not a private museum. It’s not clear what bearing (if any) this may have on this litigation, however.
