Jack in the Box’s lawsuit against FTX US alleging copyright and trademark infringement of the mascot has ended after the parties reached a settlement.
The duo told California Southern District Court that they settled the dispute through a motion to dismiss on Jan. 20, although the exact details of the settlement were not disclosed.
The popular fast-food chain first filed the lawsuit in early November, alleging that the appearance and behavior of the FTX US “Moon Man” mascot is a copy of the “Jack” mascot from Jack in the Box, its copyrighted trademark dating back to 1995.
Jack in the Box initially sought unspecified damages over allegations of copyright infringement, trademark dilution, trademark infringement, misrepresentation of origin and unfair competition.
“Instead of spending its vast financial resources to develop its own intellectual property, FTX brazenly and illegally copied or derived its mascot ‘Moon Man’ from JITB’s Jack,” the company claimed in November court filings.
Cointelegraph contacted FTX US regarding the details of the deal, with a representative stating that “the terms of the deal have not been disclosed and there will be no further comment.”
I guess they settled out of court with Jack in the box. pic.twitter.com/fu6BBUjObz
— Pineapple Pineapple (@jim_b4_the_rugs) January 20, 2022
Jack in the Box describes its mascot as “a typical adult human except for his large spherical white head, blue-dotted eyes, nose and curvy smile”, while the FTX US mascot depicts a man with a spherical moon head and a open smile.
The FTX Moon Man has appeared in television commercials and live Major League Baseball games, among others, which FTX US has a brand association with, but depending on contract terms, his days may be over or things may look different in the future.