Fox seeks $1.3 million from Delco operator of ‘The Simpsons’-themed pop-up bars. D’oh!
20th Century Fox is seeking $1.3 million from a Delaware County business for recreating Moe's Tavern in locations throughout the country.
Imitation is the sincerest form of flattery, the adage goes, but 20th Century Fox wasn’t flattered by The Simpsons-themed pop-up bars the corporation claimed infringed on their copyright.
The entertainment conglomerate is seeking $1.3 million in federal court from a Delaware County resident behind the pop-up replica of Moe’s Tavern from The Simpsons, “where nobody knows your name.”
The fictional Springfield dive bar, owned and operated by curmudgeon Moe Szyslak and frequently patronized by Homer Simpson, came to life as Moe’s Pop Up in various locations nationwide, from Springfield Mall in Delco to Ohio, since at least 2021. Other local events have included pop-ups in the Plymouth Meeting Mall.
The resemblance to the tavern from the show is uncanny — from the beige external facade to the pickled eggs jar on the bar and Duff Beer memorabilia.
Fox sued JMC Popups LCC and Joseph McCullough, a Media man who has been identified as the company’s CEO in press interviews, accusing the business and Delco resident of copyright infringement of intellectual property from The Simpsons show and movie.
The complaint, filed in July in the Eastern District of Pennsylvania, also names Samantha Shutter, who helped produce the events.
Fox said in the complaint that it sent a cease-and-desist letter to the operators in February 2024, but since then they have held 18 Moe’s Pop Up events in at least two locations and advertised an additional 11 locations through 2024.
In May, JMC Popups began to also offer Bob’s Burgers-themed events based on the animated series that is also owned by Fox, the lawsuit says.
“For months, Plaintiff has attempted to resolve this matter without litigation. Plaintiff has repeatedly requested that Defendants discontinue their unauthorized use of Plaintiff’s intellectual property, and Defendants falsely promised they would do so,” the complaint said.
“Instead, Defendants merely feigned willingness to cooperate while continuing and expanding their infringing business operation,” the complaint said.
JMC Popups is a registered business with a Media address. The company’s website no longer operates, but an archived version shows advertising for Moe’s Pop Up events.
None of the defendants responded to the complaint in court, and the court docket doesn’t include attorney or contact information for them.
A request for comment sent to the email address on JMC Popups’ archived website bounced back, and The Inquirer was unable to reach McCullough or Shutter through contact information found in public records.
In a June 2023 interview with Syracuse.com, ahead of a pop-up in the New York college town, Shutter said she helps produce the pop-ups, and at times appears with a two-foot-high blue wig as Marge Simpson. She called the events “fan-based parody.”
An archived version of the now-inoperative Moe’s Pop Up website also refers to the pop-ups as a parody and adds, “Moe’s Pop Up is not associated with The Simpsons, 20th Century Fox, Fox, or Disney.”
In August, the court entered a default judgment against the three defendants for their failure to appear and defend themselves.
Fox last week asked the court to award $1.3 million against the three for the copyright infringement and prevent them for operating The Simpsons or Bob’s Burgers pop-ups in the future.
A Ballard Spahr attorney representing Fox did not respond to requests for comment.
This isn’t the first time an entertainment conglomerate has cracked down on local events inspired by popular franchises.
In 2018, Warner Bros. succeeded in shutting down Chestnut Hill’s Harry Potter Festival. The event attracted 50,000 Harry Potter fans, who would participate in Defense Against the Dark Arts classes and cheer for a Quidditch tournament.
The festival organizers canceled the event in response to a cease-and-desist letter that said they couldn’t use names or images associated with the Potter franchise.
In the Moe’s Tavern case, a judge will rule in the coming weeks on the default judgment.