CKE RESTAURANT v. Jack in the Box, Inc.

ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

This case concerns the often aggressive and sometimes amusing advertising campaigns for fast food, which might be called the Burger Battles. The full and vigorous communication of product advertisement is an inherent and often helpful part of our free market economy. But there are rules of war in the Burger Battles, and Plaintiffs CKE Restaurants, Inc., Carl Karcher Enterprises, Inc., and Hardee’s Food Systems, Inc. (“Plaintiffs”) argue that these lines have been crossed..

To defend their territory, Plaintiffs bring their Motion for Preliminary Injunction (“Motion”). Where’s the beef? Plaintiffs rely exclusively on the Lanham Act and California Business and Professions Code sections 17500 et seq. and 17200 et seq. in this case, which focuses largely on the source of the beef used in the parties’ patties. The meat of the Plaintiffs’ motion is that these federal and California statutes are violated by statements and jokes made in hamburger advertisements that appear on prime time television. Plaintiffs contend that these statements are likely to deceive consumers and hurt their customer base. After considering the moving,…