Don't mess with Jack. That's a lesson the FTX cryptocurrency exchange may be about to learn the hard way thanks to a lawsuit released in California federal court accusing the company of defrauding their pet into creating their own "inferior" Moon Man.
In the suit, first reported Under Act 360, Jack in the Box alleges that part of FTX CEO Sam Bankman-Fried's $ 26.5 billion wealth was earned due to Moon Man's advertising effectiveness, which Jack in the Box claims was " shamelessly and illegally copied "from Jack.
Jack and the Box went so far as to send a cease and desist letter to FTX on October 15. FTX responded by stating that Jack in the Box has "only limited protection limited to the ping pong-headed clown that exploded out of a box." sell burgers. "
At this point, almost everyone knows what Jack in the Box's Jack looks like. According to the lawsuit, Jack's original mascot was created in 1951 and went through several iterations (including a terror-inducing "Jack the Clown" phase) before settling on the current, more recognizable version in 1995. This Jack, recalls the company to court, he is a "comical and no-nonsense businessman." This company notes that it has a common law trademark on Jack, which includes "his large spherical white head, his nose and his curvy smile."
FTX's Moon Man, on the other hand, has a less pedigree past, with the company's own launch in 2019 alone. Since then, FTX has used Moon Man in a number of commercials, including during some baseball games of the Big leagues. A real life version of Moon Man was actually viewed perusing Dodger Stadium during this year's NL wild card game. So how similar are the two humanoid ping pong balls? You can take a look for yourself below.
G / O Media can get a commission
They seem quite similar, but Jack in the Box claims that FTXs are worse, so much so that they are actually "tarnishing Jack's reputation with consumers." To prove this, the lawsuit cites social media posts from users apparently confused by Moon Man, with one user referring to him as "Jack in the Box's drugged cousin." Another user claimed that Moon Man looked like "Jack-in-The-Box with skin cancer."
Jack in the box seeks unspecified damages in seven causes of action. Neither FTX nor Jack in the Box immediately responded to Gizmodo's request for comment.
You can view the lawsuit in its entirety below.
