LOS ANGELES Carl's Jr. parent CKE Restaurants Inc. has lost its bid to stop rival Jack In the Box from making Angus burgers the butt of TV ad jokes.
A federal judge here said Monday that San Diego-based Jack in the Box could continue to air cheeky television commercials for its 100-percent sirloin burgers. Carpinteria, Calif.-based CKE had alleged that the spots deceived consumers into thinking that Angus beef comes from a cow's anus, and had asked for an injunction to stop their airing. Carl's Jr. and a sister CKE brand, Hardee's, both serve Angus burgers, as do McDonald's, Burger King and T.G.I. Friday's.
But U.S. District Judge Andrew Guilford rejected a consumer survey that CKE cited as proof of its contention, and said he required more evidence of harm.
"We're glad that common sense prevailed and that this motion was denied," Terri Graham, vice president and chief marketing officer for Jack in the Box, said in a statement. The release's headline stated that CKE was on the "losing end of beef."
CKE said it might try again to get an injunction. Another hearing is set for Aug. 20, but no trial date was scheduled.