The toy doesn’t look like him or has the same story. Good luck laying a claim on that here were all kinds of stuntmen that traveled the country once upon a time, especially the 70s. They’re not going to get a cent out of Disney and will probably pay more in court and lawyer fees than anything they could win anyway. The case will likely be dismissed, and I expect all involved know that. Still, as I understand it (and I could be wrong), copyright law pretty much requires copyright holders to sue in any case of potential infringement, even when they know it’s a stupid case.
There are plenty of stuntmen out there with mustaches that probably look more like duke anyway. I am in my local trying to work out the does and don’t. I don’t give an s#*t about Disney at this present moment. To be fair, he did seem to crash most of the time and end up being stretchered off with his limbs facing in different directions so the Toy Story toy looks pretty accurate.