Restaurant chain Jack in the Field has sued cryptocurrency trade FTX alleging that the crypto firm “openly 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 brought about Jack in the Field “appreciable financial harm and irreparable hurt, together with by devaluing the goodwill related to Jack.”
Jack in the Field Says FTX’s Moon Man Is an ‘Inferior Model of Jack’
Certainly one of America’s largest hamburger chains, Jack in the Field (JITB), has sued cryptocurrency trade FTX, co-founded by CEO Sam Bankman-Fried, over its mascot. Jack in the Field operates and franchises greater than 2,200 eating places in 21 U.S. states and Guam.
In response to a lawsuit filed in 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 not too long ago launched a collection of commercial spots that includes a mascot that appears just like the mascot for the Jack in the Field restaurant franchise. Moon Man, the mascot chosen by FTX trade to characterize the model each in-person and in its personal line of TV adverts, may at first look be mistaken for Jack, the 70-year outdated mascot for Jack in the Field eating places.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 conduct. For instance, the Moon Man additionally adjustments his facial expressions and clothes apparel all through commercials and appearances, similar to Jack.” Jack in the Field said:
FTX openly 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 repute to shoppers, and/or blurring shoppers’ affiliation of FTX’s Moon Man with Jack.
FTX’s Moon Man (Left) and Jack in the Field’s mascot, Jack. Supply: FTX and Jack in the Field
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 in which he appears aggravated that crypto merchants all simply need 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 in the Field despatched FTX a cease-and-desist letter on Oct. 15, accusing the trade of “infringing on JITB’s mental property and diluting its logos.” 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 also be rife with authorized and factual
inaccuracies, similar to ‘Jack in 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 dangerous religion. Defendant’s conduct has brought about, and if not enjoined, will proceed to trigger, JITB appreciable financial harm and irreparable hurt, together with by devaluing the goodwill related to Jack.
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