Crypto exchange FTX accused of copying Jack in the Box restaurant symbol

One of the largest fast food chains in America, Jack in the Box (JITB), which has more than 2,200 restaurants in21 US states and Guam, filed a lawsuit against the FTX cryptocurrency exchange. The object of the dispute was the restaurant's mascot.

According to the lawsuit filed in the District Court of YuzhnyCounty of California November 3, FTX US is charged with copyright infringement, confusingly similar trademark, trademark infringement, false origins, and unfair competition.

FTX recently launched a series of commercials featuringdepicting a "moon man" resembling the Jack in the Box restaurant chain mascot. Chosen by FTX to represent the brand both in life and in TV commercials, he might only be mistaken for Jack, who has been a symbol of Jack in the Box restaurants for 70 years.

FTX Moonman has a white heada spherical shape, attached to a speaking human actor, with blue-dotted eyes, a nose and a smile. Both characters are similar in appearance and behavior.

 

For example, Moonman changes facial expressions and clothing throughout advertisements and performances, just like Jack does.

Based on this, Jack in the Box concluded:

FTX has impudently and illegally copied orborrowed their Moonman from JITB Jack ... FTX's Moonman is a much more mediocre version of our Jack, which spoils his reputation with consumers and / or creates a false association among them ...

Meanwhile, "Moon Man" several timeshas appeared at sporting events such as the World Series and in at least one TV commercial in which he appears to be annoyed that all crypto traders are only charged on Tu the Moon. According to the lawsuit, the ad was aired during several major league baseball games.

The lawsuit further states that on October 15, lawyer Jackin the Box sent a letter to FTX asking it to stop its illegal activities, accusing the exchange of "infringing JITB's intellectual property rights and confusingly similar to its trademarks." However, FTX did not fulfill this requirement, responding on October 29 that it will continue to use "Moon Man" in its advertising.

Defendant's continued infringement of JITB's intellectual property rights is willful and in bad faith.

The defendant's behavior caused and, in the eventthe absence of a restraining order will continue to cause significant and irreparable economic damage to JITB, including through the depreciation of the company's image associated with Jack, - believe in Jack in the Box.

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