Jack in the Box is suing crypto exchange FTX for shameless and illegal” copying of the mascot

Restaurant chain Jack in the Box has sued cryptocurrency exchange FTX, alleging that the crypto company “shamelessly and illegally copied or derived its “Moon Man” mascot from its own mascot. The lawsuit shows that FTX's refusal to stop using Moon Man caused Jack in the Box "significant economic harm and irreparable harm, including the devaluation of the goodwill associated with Jack."

Jack in the Box says FTX's Moon Man is an 'inferior version of Jack'

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

According to a lawsuit filed November 3 in the U.S. District Court Southern District of California, FTX US is accused of copyright infringement, trademark dilution, trademark infringement, false designation of origin and unfair competition.

FTX recently launched a series of commercials featuring a mascot similar to the mascot of the Jack in the Box restaurant franchise. Moon Man, the mascot chosen by FTX Exchange to represent the brand both in person and in its own TV advertising, might at first glance be confused with Jack, the 70-year-old mascot for Jack in the Box restaurants.

The lawsuit details: "FTX's Moon Man has a spherical white head, also attached to a talking human actor, with blue-dotted eyes, a nose, and a smile. The two characters are strikingly similar in appearance and behavior. The Moon Man, for example, also changes his facial expressions and clothing during advertisements and appearances, just like Jack." Jack in the Box said:

FTX shamelessly and illegally copied or derived its "Moon Man" mascot from JITB's Jack...FTX's Moon Man is a vastly inferior version of Jack, which now tarnishes Jack's reputation with consumers and/or blurs consumers' 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 appears annoyed that crypto traders all just want to "go to the moon." That commercial aired during several Major League Baseball games, according to the lawsuit.

The lawsuit further details that Jack in the Box sent FTX a cease-and-desist letter on October 15, accusing the exchange of “infringing on JITB’s intellectual property and diluting its trademarks.” However, FTX did not comply and responded on October 29 that it would continue to use Moon Man in its advertising.

“FTX’s response to JITB’s cease and desist letter is also full of legal and factual information
Inaccuracies like “Jack in the Box only has limited protection that applies to the
“fucking ping-pong-headed clown who exploded out of a box to sell burgers,” the restaurant chain argued, adding:

Defendant's continued infringement of JITB's intellectual property is willful and in bad faith. Defendant's conduct has caused and, unless enjoined, will continue to cause JITB significant economic harm and irreparable harm, including by devaluing the goodwill associated with Jack.

Do you think FTX's Moon Man is a direct rip-off of Jack? Let us know in the comments section below.

Photo credits: Shutterstock, Pixabay, Wiki Commons