Attorneys for main quick meals chain Jack within the Field have filed a lawsuit towards crypto trade FTX US for copyright and trademark infringement of its “Jack” mascot.
Based on federal courtroom paperwork filed within the Southern District of California on Wednesday, Jack within the Field’s authorized teamis requesting a jury trial, claiming FTX US’ Moon Man character — Lou Nar, an grownup male usually wearing polo shirts with the pinnacle of a moon used for Main League Baseball occasions — is a ripoff of the corporate’s present model of its Jack mascot. The fast-food firm describes its character as “a typical grownup human male, apart from his giant spherical white head, blue dot eyes, nostril, and curvy smile.”
“Reasonably than spending its huge monetary assets to develop its personal mental property, FTX overtly and illegally copied or derived its ‘Moon Man’ mascot from JITB’s Jack,” the corporate alleged in courtroom paperwork:
“Similar to Jack, FTX’s Moon Man has a spherical white head additionally affixed to a speaking human actor, with blue-dotted eyes, a nostril, and a smile. The 2 characters are strikingly related in each look and conduct. For instance, the Moon Man additionally adjustments his facial expressions and clothes apparel all through commercials and appearances, similar to Jack.”
Jack within the Field’s authorized staff added that it thought of the FTX US mascot a “far inferior model” of Jack, claiming it was tarnishing the fast-food firm’s repute amongst customers. The paperwork listing incidents of reporters and lots of on social media evaluating the 2 characters’ look, generally describing the Moon Man as a “soiled” model of Jack.
Hey, @FTX_Official , your mascot doesn’t appear to be the moon. He seems like Jack-In-The-Field with pores and skin most cancers.
— Aunt Clara (@Ms_Apprehension) October 15, 2021
Although the unique model of Jack within the Field’s character was created in 1951, the present ‘Jack’ or ‘Jack I. Field’ voiced by Dick Sitting was developed in 1995 and appeared in additional than 300 tv and radio commercials. Crypto trade FTX was based in 2019 and launched the Moon Man this 12 months.
The submitting reveals legal professionals for Jack within the Field despatched FTX a stop and desist letter to cease utilizing the character on Oct. 15, to which FTX refused, claiming “Jack within the Field has solely slim safety restricted to the behatted ping pong‐headed clown who exploded out of a field to promote burgers.” Jack within the Field’s case consists of allegations associated to copyright infringement, trademark dilution, trademark infringement, false designation of origin and unfair competitors.
Copyright infringement and NFTs: How artists can defend themselves
Many photos, symbols and memes have typically been utilized by figures within the crypto house to pump or create FUD round some tokens, together with Pepe the Frog, and even the Bitcoin (BTC) brand, itself, attributed to Satoshi Nakamoto. In June 2020, somebody anonymously registered the BTC identify and brand with the Spanish Patent and Trademark Workplace claiming they needed to “defend Bitcoin.”
