Jack in the Box’s lawsuit against FTX US over an alleged mascot-related copyright and trademark infringement has come to an end after the parties reached a settlement.
The duo informed the District Court for the Southern District of California that they had resolved the dispute via a motion to dismiss on Jan. 20, however the specific details of the settlement have not been disclosed.
The popular fast food chain initially filed the suit at the start of November, alleging that the appearance and behavior of FTX US’s “Moon Man” mascot was a rip off of Jack in the Box’s “Jack” mascot that has trademark rights dating back to 1995.
Jack in the Box was initially seeking unspecified damages over allegations related to copyright infringement, trademark dilution, trademark infringement, false designation of origin and unfair competition.
“Rather than spending its vast financial resources to develop its own intellectual property, FTX brazenly and illegally copied or derived its ‘Moon Man’ mascot from JITB’s Jack,” the company alleged in court documents from November.
Cointelegraph reached out to FTX US regarding the details of the settlement, and a representative stated that “the terms of the settlement were not disclosed and there will be no further comment.”
I guess they settled with Jack in the box out of court. pic.twitter.com/fu6BBUjObz
— Piney Pineapple (@jim_b4_the_rugs) January 20, 2022
Jack in the Box describes its mascot as “a typical adult human male, with the exception of his large spherical white head, blue dot eyes, nose, and curvy smile,” While FTX US’s mascot depicts a man with a spherical moon head and an open smile.
Separated at birth: Moon Man (left) and Jack (right)
FTX’s Moon Man has been featured on TV commercials and at live Major League Baseball games — which the FTX US has a branding partnership with, among others — but depending on the terms of the settlement, his days could be over, or he may look different in future.