The Jack in the Box restaurant chain sued the FTX cryptocurrency exchange, alleging that the crypto firm “brazenly and illegally copied or derived its mascot” Moon Man “from its own mascot. The lawsuit details that the denial of FTX to stop using Moon Man caused Jack in the Box “considerable economic damage and irreparable damage, including devaluing the goodwill associated with Jack.”

Jack in the Box Says FTX’s Moon Man is a “Lesser Version of Jack”

One of America’s largest burger chains, Jack in the Box (JITB), sued the FTX cryptocurrency exchange, co-founded by CEO Sam Bankman-Fried, over its mascot. Jack in the Box operates and franchises more than 2,200 restaurants in 21 US states and Guam.

According to a lawsuit filed in U.S. District Court for the Southern District of California on November 3, FTX US is charged with copyright infringement, trademark dilution, trademark infringement, misappellation of origin and of unfair competition.

FTX recently launched a series of commercials featuring a mascot that resembles the mascot of the Jack in the Box restaurant franchise. Moon Man, the mascot chosen by the FTX exchange to represent the brand both in person and in its own line of television commercials, could at first glance be mistaken for Jack, the 70-year-old mascot of Jack in the Box restaurants.

The lawsuit details: “FTX’s Moon Man has a spherical white head also affixed to a speaking human actor, with blue dotted eyes, a nose and a smile. The two characters are surprisingly similar in appearance and demeanor. For example, Moon Man also changes his facial expressions and dress throughout the commercials and appearances, just like Jack. Jack in the Box said:

FTX brazenly and illegally copied or derived its mascot “Moon Man” from JITB’s Jack… FTX’s Moon Man is a much inferior version of Jack who now tarnishes Jack’s reputation with consumers, and / or confuses the consumer association of FTX’s Moon Man with Jack.

Moon Man has already made several personal appearances at sporting events such as the World Series, and has at least one TV commercial in which he seems annoyed that crypto traders all want to “go to the moon.” The commercial was shown during several major league baseball games, according to the lawsuit.

The lawsuit further describes that Jack in the Box sent FTX a cease and desist letter on October 15, accusing the exchange of “violating JITB’s intellectual property and diluting its brands.” FTX did not comply, however, responding on October 29 that it would continue to use Moon Man in its ad.

“FTX’s response to JITB’s cease and desist letter is also rich in legal and factual material.
inaccuracies, such as “Jack in the Box has only narrow protection limited to the
scorned ping-pong-headed clown who exploded from a box to sell burgers, ”the restaurant chain explained, adding:

Defendant’s continued infringement of JITB’s intellectual property is willful and in bad faith. The Respondent’s conduct has caused, and if not enforced, will continue to cause JITB considerable economic damage and irreparable harm, including devaluing the goodwill associated with Jack.

Do you think FTX’s Moon Man is a straight jack scam? Let us know in the comments section below.

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