Lawyers for major fast-food chain Jack in the Box are suing cryptocurrency exchange FTX US for copyright and trademark infringement of its “Jack” mascot.
According to federal court documents filed in the Southern District of California on November 3, Jack in the Box’s legal team is requesting a jury trial, claiming that FTX US’s Moon Man character – Lou Nar, an adult man who typically wears polo shirts with The moon head used in the events of Major League Baseball – is an anomaly of the current version of the company’s mascot Jack. The fast food company describes her character as “a typical adult humanoid man, save for his big white spherical head, blue-dotted eyes, nose, and squiggly smile.”
Rather than spending its vast financial resources developing its own intellectual property, FTX copied or derived the ‘Moon Man’ spell from JITB’s Jack, the company claimed in court documents:
“Just like Jack, Moon Man from FTX has a white spherical head also fixed to a talking human actor, with blue dotted eyes, nose and smile. The two characters are strikingly similar in appearance and demeanor. For example, Moon Man also changes his facial expressions and clothes during advertisements and appearances, Just like Jack.”
The Jack in the Box legal team added that it considers the FTX US mascot to be a “significantly inferior version” of Jack, claiming it tarnishes the fast-food company’s reputation for consumers. The documents list incidents of reporters and several on social media who have compared the two characters’ appearances, sometimes describing the Moon Man as a “dirty” version of Jack.
hey, Tweet embed -Your amulet does not look like the moon. It’s like Jack-In-The-Box has skin cancer.
– Aunt Clara (@MS_Apprehension) October 15 2021
Although the original version of the Jack in the Box character was created in 1951, the current “Jack” or “Jack I. Box” voiced by Dick Sitting was developed in 1995 and has appeared in more than 300 television and radio commercials. Cryptocurrency exchange FTX was founded in 2019 and introduced Moon Man this year.
The recording shows that Jack in the Box’s lawyers sent FTX a cease and desist letter on October 15, which FTX refused, claiming that “Jack in the Box has narrow protection limited only to a pingpong-headed clown who exploded from a box selling burgers. “. The Jack in the Box case includes allegations of copyright infringement, trademark dilution, trademark infringement, false appellation of origin, and unfair competition.
Related: Copyright Infringement and NFTs: How Artists Can Protect Themselves
Various images, symbols, and memes have often been used by characters in the crypto space to inject or create a FUD around certain symbols, including Pepe the Frog, and even the Bitcoin (BTC) logo itself, attributed to Satoshi Nakamoto. In June 2020, someone anonymously registered the BTC name and logo with the Spanish Patent and Trademark Office claiming that they wanted to “protect Bitcoin.”