A U.S. District Court judge has awarded 20th Century Fox Film Corp. more than $1.2 million against a Media man in a copyright lawsuit over unauthorized pop-up events modeled on Moe’s Tavern from “The Simpsons.”
“Considering defendants’ blatant and repeated acts, I will award $30,000 for each copyright infringement, $100,000 for each trademark infringement, and $5,000 for the infringing domain name, for a total of $1,265,000,” Judge Paul S. Diamond wrote in an order closing the case. “These amounts fall well within the parameters established by Congress, account for the defendants’ willfulness, and will both compensate Fox and deter other possible wrongdoers.”
The famous and instantly recognizable watering hole from the Fox property “The Simpsons” was used without consent and for the financial benefit of defendants Joseph McCullough, of Media, JMC Pop Ups LLC, and Samantha Shutter at numerous locations, including Delco’s own Springfield Mall, Fox claimed in a lawsuit filed last year.
That suit, filed by Ballard Spahr attorney Hara Jacobs, alleged 33 copyright violations, three trademark violations for the counterfeit use of Fox properties Krusty Burger and Duff Beer; and three cybersquatting claims for bad faith uses of Moe’s Tavern in online domain names.
“For months, plaintiff has attempted to resolve this matter without litigation,” the complaint filed in July 2024 stated. “Plaintiff has repeatedly requested that defendants discontinue their unauthorized use of plaintiff’s intellectual property, and defendants falsely promised they would do so. Instead, defendants merely feigned willingness to cooperate while continuing and expanding their infringing business operations.”
The Moe’s Pop Up website, which has since been shut down along with other associated sites, stated that the venture was a “fan-made parody event” and was not associated with The Simpsons, 20th Century Fox, Fox or Disney.
But the lawsuit indicated the defendants were infringing on Fox’s copyrighted materials by featuring imagery, characters, ideas and decorations associated with The Simpsons at pop-up events while profiting from ticket sales and unauthorized merchandise.
These infringing materials include images of Simpsons characters, the coloration and layout of the bar itself, as well as mock-ups of various items found in the “real” Moe’s Tavern, like a love tester machine, Moe’s office in the women’s room, a “Beer is the answer” neon sign and “Duff Beer” memorabilia.
The suit noted admission prices ranged from $39 to $89, plus fees, and that the most expensive of these was called the Full Homer, which included a swag bag full of various unlicensed merchandise.
Patrons could also purchase character- and show-themed food and drink specials, as well as clothing, bags, hats, pins, keychains, insulated beer can coolers and related memorabilia featuring registered trademarks, according to the complaint.
“In providing such infringing services and infringing goods, defendants trade on plaintiff’s properties in a wholesale fashion to connect defendants’ unauthorized and unapproved services and goods with plaintiff’s authorized counterparts,” the complaint stated.
The suit indicated Fox provided the defendants with a “cease and desist” notice in February 2024, but claimed they continued to hold another 18 Moe’s Pop Up events in at least two locations after receiving notice, advertised another 11 new locations through 2024 and expanded the items found at pop-up events to include even more infringing materials.
Fox said it later learned the defendants further expanded the scope of operations to include events copying or trading upon another of its properties, Bob’s Burgers.
The defendants failed to respond to the lawsuit or to return requests for comment from the Daily Times. Fox was granted a default judgment in August and filed a proposed final order in March seeking $1.3 million, as well permanent injunctions barring the defendants from making, marketing or selling any other infringing materials, using Fox properties in any unauthorized manner, engaging in any activity constituting unfair competition, aiding or abetting any future unauthorized use, or trying to somehow circumvent those prohibitions by creating new entities, assignments or associations.
Diamond sided with Fox on nearly every point, only finding two domain names – “moespopup.com” and “moesboardwalk.com” – were not facially similar enough to the “Moe’s Tavern” mark to be considered cybersquatting. The judge also denied, without prejudice, the company’s request for costs and counsel fees because it had not provided evidence supporting an award there.
Otherwise, the order gives Fox everything it asked for. In addition to award of damages, the defendants are permanently enjoined from infringing upon Fox’s properties in the future and must relinquish all materials used in the pop-up events, including all marketing and merchandise, by next Tuesday.
Judge Diamond has also retained jurisdiction in the case “for further interpretation or execution” of the order.
