By Michael Tanenbaum

Copyright phillyvoice

A Media man has been ordered by a federal judge to pay $1.26 million to 20th Century Fox Film Corp. to resolve a lawsuit over a series of “Simpsons”-themed pop-up events he modeled after the cartoon’s Moe’s Tavern in recent years.

The replica dive bars, which sold a non-alcoholic spin on the show’s Duff Beer and had a food menu inspired by Krusty Burger, were stationed at places like the Springfield Mall and on the North Wildwood Boardwalk. The pop-ups, held in multiple states, had ticketed entry with prices ranging from $39 to $89 and stocked memorabilia based off characters from “The Simpsons.”

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U.S. District Court Judge Paul S. Diamond issued the order this week against defendants Joseph McCullough, Samantha Shutter and JMC Pop Ups LLC after Fox was granted a default judgment against them last year for failure to respond to a lawsuit alleging copyright infringement and other violations, the Delaware County Daily Times reported.

McCullough had planned to expand the pop-up to 11 new locations last year before Fox sent him a cease-and-desist letter. Fox proposed a final order in March seeking $1.3 million and permanent injunctions against the defendants’ unauthorized use of their properties.

In Diamond’s ruling this week, the judge said the defendants engaged in “blatant and repeated” acts of copyright and trademark infringement. He awarded $30,000 for each copyright infringement, $100,000 for each trademark infringement and $5,000 for cybersquatting on domain names associated with Moe’s Tavern.

In Fox’s lawsuit, the company said it learned McCullough had grown his pop-up business to include unauthorized events themed around “Bob’s Burgers.” On the Moe’s Tavern website, which has since been shut down, JMC Pop Ups LLC had stated the events were a “fan-made parody” and did not have any associated with “The Simpsons,” 20th Century Fox, Fox or Disney.

JMC Pop Ups LLC previously was sued by Paramount for operating another pop-up at the Cherry Hill Mall themed around the McDowell’s restaurant from the 1988 movie “Coming to America.” That case was resolved with a confidential settlement that included an agreement to stop using Paramount’s creative material. JMC Pop Ups LLC also operated sci-fi themed “Galaxy Burger and Beyond” stations at the Springfield and Willow Grove Park malls during the COVID-19 pandemic and had a Paddy’s Pub pop-up based on the bar from “It’s Always Sunny in Philadelphia” at the Plymouth Meeting Mall.

As part of the judge’s order, the defendants must turn over all “Simpsons”-related marketing materials and merchandise used at the Moe’s Tavern pop-up events.