The secret sauce – The famous fast food chain Jack in the Box had first filed lawsuits, in early November 2021, against Moon Man, the mascot of FTX. She indeed alleges that she would be a plagiarism of Jack, the mascot who has trademark rights since 1995. We retrace the legal route of this controversy.
A forced landing
First, here are the measurements of our 2 opponents. On my left, the youngest Moon Man, a little prodigy in charge of representing US FTX, the American exchange. To my right, here is the dean of the ring: Jack. The latter represents the fast-food chain JITB (Jack in the Box) and has been comfortably installed since 1951. But how did we get here?
To begin with, the American exchange received a letter from formal notice, October 15, 2021. The carrier pigeon had done an excellent job. FTX was then aware of the breach of intellectual property of JITB, on the one hand, and of the accusation of brand dilutionon the other hand.
“Like Jack, FTX’s Moon Man has a spherical white head also attached to a speaking human actor, with blue dotted eyes, a nose and a smile. The 2 characters are surprisingly similar in appearance and behavior. For example, Moon Man also changes his facial expressions, clothes in commercials or appearances, just like Jack. »
JITB Statement
To which the SBF company replied that it refused to stop copying, or deriving from, Jack and that she would continue to run the advertisements incorporating Moon Man. In short, there was a snub on the October 29 menu. No more no less !
JITB did not put water in its wine. As a result, she filed documents in federal court for the Southern District of California. And the chase Judicial proceedings began on November 3.
The Jack in the Box case includes allegations related to:
- The violation of copyright ;
- The dilution of the brand ;
- The counterfeit of the brand ;
- The false declaration original;
- The unfair competition.
Strong of 2200 restaurants in the United States, FTX is up against a serious opponent.
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Jack’s abdication?
Although Moon Man has appeared in various advertisements on national channels, especially during the Baseball play-offs, this does not help his case. Quite the contrary!
With a audience up sharply, there are not far from 11.75 million viewers targeted for each match. Indeed, the Major League Baseball is one of FTX’s partners.
In reality, the SBF mascot is accused of creating the confusion among consumers. She would have damaged Jack in The Box’s brand image and would continue to do so.
Jack in the Box originally sought unspecified damages for claims related to the allegations cited above. The match ultimately ends in a equality.
the trial of JITB against FTX US for alleged copyright and trademark infringement related to the mascot a ended after the parties have reached a settlement.
The duo notified the court for the Southern District of California that they had resolved the dispute via a motion to dismiss on January 20, but specific details of the settlement were not disclosed. This itinerary is reminiscent of the questions concerning intellectual property and copyright that revolve daily around NFTs.
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