The restaurant chain Jack in the Box has sued the cryptocurrency exchange FTX, accusing the cryptocurrency company of “blatantly and illegally copying or deriving its’Moon Man’ mascot from its own mascot.” The lawsuit details that FTX’s refusal to stop using Moon Man has caused Jack in the Box to “cause considerable economic losses and irreparable harm, including devaluation of Jack-related goodwill.”
Jack in the box said that FTX’s Moon Man is “the inferior version of Jack”
Jack in the Box (JITB), one of the largest burger chains in the United States, has sued the cryptocurrency exchange FTX co-founded by CEO Sam Bankman-Fried over its mascot. Jack in the Box operates and franchises more than 2,200 restaurants in 21 U.S. states and Guam.
According to a lawsuit filed in the U.S. District Court for the Southern District of California on November 3, FTX US was accused of copyright infringement, trademark dilution, trademark infringement, false designation of origin, and unfair competition.
FTX recently launched a series of advertisements featuring mascots, which look similar to the mascot of the Jack in the Box restaurant franchise. The Moon Man, the mascot chosen by FTX Exchange, represents the brand, and in its own TV advertising campaigns, it may be mistaken for Jack at first glance, the 70-year-old mascot of Jack in the Box restaurant.
Details of the lawsuit: “The FTX Moon Man has a spherical white head, which is also attached to a talking human actor, with blue dotted eyes, nose and smile. Both characters are amazing in appearance and behavior. Similar. For example, the Moon Man will also change his facial expression and dress throughout the ad and appearance like Jack.” Jack in the box said:
FTX brazenly copied or copied or derived its “Moon Man” mascot from JITB’s Jack… FTX’s Moon Man is an inferior version of Jack and is now damaging Jack’s reputation among consumers and/or obscuring consumers The connection between the Moon Man and Jack on FTX.
Moon Man has appeared many times in sports events such as the World Series and at least one TV commercial. He seems to be annoyed that all cryptocurrency traders just want to “get on the moon.” According to the lawsuit, the advertisement was broadcast during several major league baseball games.
The lawsuit further described Jack in the Box sending a suspension and termination letter to FTX on October 15th, accusing the exchange of “infringement of JITB’s intellectual property rights and watering down of its trademark.” However, FTX did not comply and responded on October 29 that it would continue to use Moon Man in its advertisements.
“FTX’s response to JITB’s suspension and termination letter is also full of laws and facts
Inaccurate, for example, the protection scope of “Jack in the Box” is very narrow, limited to
The restaurant chain argued:
The defendant continued to infringe JITB’s intellectual property rights intentionally and maliciously. The defendant’s actions have been caused, and if not prohibited, JITB will continue to cause considerable economic losses and irreparable damage, including the devaluation of Jack-related goodwill.
Do you think FTX’s Moon Man copied Jack directly? Let us know in the comments section below.
Image Source: Shutterstock, Pixabay, Wikimedia Commons
Disclaimer: This article is for reference only. It is not a direct offer or invitation to buy or sell, nor is it a recommendation or endorsement of any product, service or company. Bitcoin Network Does not provide investment, tax, legal or accounting advice. The company or the author shall not bear direct or indirect responsibility for any damage or loss caused or claimed to be caused by using or relying on any content, goods or services mentioned in this article.