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    Court Denies Motion against Jack in the Box Advertising

    CKE Restaurants Inc. claimed ads mislead the public on the origins of beef.

    SAN DIEGO -- The U.S. District Court in Santa Ana, Calif., denied a request for a preliminary injunction filed by CKE Restaurants Inc., parent company of Carl's Jr. and Hardee's restaurants, against Jack in the Box Inc. The injunction sought to remove television ads from the air that support Jack in the Box's new 100-percent Sirloin Burger.

    CKE Restaurants claimed the ads mislead the public about the origins of Angus beef, but the court found that CKE Restaurants did not meet its burden of demonstrating the claim.

    "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 written statement. "Jack in the Box is the only major quick-serve chain offering a 100-percent Sirloin Burger, so we wanted our advertising to highlight the high quality of our new burger and differentiate it from our competitors' products in a humorous way."

    Jack in the Box Inc., based in San Diego, operates and franchises Jack in the Box restaurants. The company also operates a proprietary chain of convenience stores called Quick Stuff, with more than 50 locations, each built adjacent to a full-size Jack in the Box restaurant and including a major-brand fuel station.

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