Restaurant chain Jack within the Field has sued cryptocurrency change FTX alleging that the crypto firm “overtly and illegally copied or derived its ‘Moon Man’ mascot” from its personal mascot. The lawsuit particulars that FTX’s refusal to cease utilizing Moon Man has precipitated Jack within the Field “appreciable financial injury and irreparable hurt, together with by devaluing the goodwill related to Jack.”
Jack within the Field Says FTX’s Moon Man Is an ‘Inferior Model of Jack’
Considered one of America’s largest hamburger chains, Jack within the Field (JITB), has sued cryptocurrency change FTX, co-founded by CEO Sam Bankman-Fried, over its mascot. Jack within the Field operates and franchises greater than 2,200 eating places in 21 U.S. states and Guam.
In line with a lawsuit filed within the U.S. district courtroom of Southern District of California on Nov. 3, FTX US is accused of copyright infringement, trademark dilution, trademark infringement, false designation of origin, and unfair competitors.
FTX just lately launched a collection of commercial spots that includes a mascot that appears just like the mascot for the Jack within the Field restaurant franchise. Moon Man, the mascot chosen by FTX change to signify the model each in-person and in its personal line of TV advertisements, may at first look be mistaken for Jack, the 70-year previous mascot for Jack within the Field eating places.
The lawsuit particulars: “FTX’s Moon Man has a spherical white head additionally affixed to a speaking human actor, with blue-dotted eyes, a nostril, and a smile. The 2 characters are strikingly comparable in each look and habits. For instance, the Moon Man additionally adjustments his facial expressions and clothes apparel all through commercials and appearances, identical to Jack.” Jack within the Field said:
FTX overtly and illegally copied or derived its ‘Moon Man’ mascot from JITB’s Jack … FTX’s Moon Man is a far inferior model of Jack that’s now tarnishing Jack’s fame to shoppers, and/or blurring shoppers’ affiliation of FTX’s Moon Man with Jack.
Moon Man has already made a number of private appearances at such sporting occasions because the World Collection, and has not less than one TV commercial through which he appears aggravated that crypto merchants all simply wish to “go to the moon.” This advert spot aired throughout a number of main league baseball video games, in line with the lawsuit.
The lawsuit additional describes that Jack within the Field despatched FTX a cease-and-desist letter on Oct. 15, accusing the change of “infringing on JITB’s mental property and diluting its emblems.” FTX didn’t comply, nevertheless, responding on Oct. 29 that it’ll proceed to make use of Moon Man in its promoting.
“FTX’s response to JITB’s stop and desist letter can be rife with authorized and factual
inaccuracies, comparable to ‘Jack within the Field has solely slender safety restricted to the
behatted ping pong‐headed clown who exploded out of a field to promote burgers,’” the restaurant chain argued, elaborating:
Defendant’s persevering with infringement of JITB’s mental property is willful and in unhealthy religion. Defendant’s conduct has precipitated, and if not enjoined, will proceed to trigger, JITB appreciable financial injury and irreparable hurt, together with by devaluing the goodwill related to Jack.
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