JibJab Sues White Castle for Infringing Mark in Social Media Ad Campaign

JibJab Media Inc., a digital media company known for its photo cut-out animated videos sometimes used as political satire, has filed a trademark infringement suit against White Castle, alleging that the fast-food chain has infringed its trademarks by launching a social media ad campaign called “Jib Jab Chicken Ring” to promote its “chicken rings” menu item. JibJab Media Inc. v. White Castle Mgmt. Co., No. 12 4178 (C.D. Cal., filed May 14, 2012).

According to the complaint, JibJab allows paid subscribers “to personalize
videos and images by uploading digital photos and inserting images of faces
into JIBJAB® content.” White Castle allegedly named its promotion with the
JIBJAB mark, and its online application “copies the look and feel of JibJab’s
cut-out animation style and further mimics JibJab’s personalized content
by offering users the ability to upload digital photos and insert faces into
these video templates.” White Castle also allegedly “explicitly announced that
the videos will be ‘jib jab’ style.” Such use, according to JibJab, was willful,
done without authorization or compensation and caused confusion among
members of the public.

Alleging trademark infringement and unfair competition in violation of the
Lanham Act, the plaintiff seeks an injunction requiring White Castle to cease
using JIBJAB marks and remove any infringing content from social media
pages under its control. The plaintiff also seeks damages of $2 million per
counterfeit mark, an accounting of profits, compensation for losses sustained,
treble damages, attorney’s fees, and costs.