CKE Restaurants Inc et al v. Jack in the Box Inc

Carl's Jr. sued Jack in the Box over TV ads that Jack in the Box ran that suggested Angus beef came from the butt of a cow.
Plaintiffs:CKE Restaurants Inc, Carl Karcher Enterprises Inc and Hardee's Food Systems Inc
Defendants:Jack in the Box Inc
 
Case Number:8:2007cv00603
Filed:May 25, 2007
 
Court:California Central District Court
Office:Southern Division - Santa Ana Office [ Court Info ]
County:Santa Barbara
Presiding Judge: Andrew J. Guilford
Referring Judge: Jennifer T. Lum
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1125 Trademark Infringement (Lanham Act)
Jurisdiction:Federal Question
Jury Demanded By:Defendant

Date Filed

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Docket Text

May 25, 2007 1 COMPLAINT against defendant Jack in the Box Inc; (Filing fee $ 350 paid); filed by plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc.(esa) (Entered: 06/01/2007)
May 25, 2007   Twenty day summons issued re Complaint - (Discovery)[1] as to Jack in the Box Inc. (esa) (Entered: June 1, 2007)
May 25, 2007 2 Certification and Notice of Interested Parties filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: June 1, 2007)
May 25, 2007 3 NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc.Motion set for hearing on 6/18/2007 at 10:00 AM before Judge Andrew J. Guilford. Lodged Order. (esa) (Entered: June 1, 2007)
May 25, 2007 4 MEMORANDUM in Support of MOTION for Preliminary Injunction [3] filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: June 1, 2007)
May 25, 2007 5 APPLICATION of Kevin J McDevitt for Leave to Appear Pro Hac Vice ; FEE PAID; filed by plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: June 1, 2007)
May 25, 2007 6 APPLICATION of Richard B Biagi for Leave to Appear Pro Hac Vice; FEE PAID; filed by plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: 06/01/2007)
May 25, 2007   FAX number for Attorneys Richard B. Biagi, Kevin J. McDevitt is 847-441-0911. (esa) (Entered: June 1, 2007)
May 25, 2007   FAX number for Attorneys Jennifer A Trusso, Jan P Weir is 949-725-4100. (esa) (Entered: June 1, 2007)
May 25, 2007 7 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Kevin J McDevitt as counsel for Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc, designating Jan P Weir as local counsel. Fee PAID. Approved by Judge Andrew J. Guilford.(rla) (Entered: June 1, 2007)
May 25, 2007 8 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Richard B. Biagi as counsel for Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc, designating Jan P. Weir as local counsel. Fee PAID. Approved by Judge Andrew J. Guilford.(rla) (Entered: June 1, 2007)
June 1, 2007 9 STIPULATION AND [PROPOSED] ORDER Amending Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction DENIED by Order of Andrew J. Guilford, United States District Judge. (esa) (Entered: June 4, 2007)
June 1, 2007 18 Certification and Notice of Interested Parties filed by Defendant Jack in the Box Inc. (esa) (Entered: June 19, 2007)
June 5, 2007 19 OBJECTIONS TO EVIDENCE submitted in support of MOTION for Preliminary Injunction[3] filed by Defendant Jack in the Box Inc. (esa) (Entered: June 20, 2007)
June 5, 2007 20 OPPOSITION to MOTION for Preliminary Injunction[3] ; Declarations of Terri Graham and Kathrin A Wanner filed by Defendant Jack in the Box Inc. (esa) (Entered: June 20, 2007)
June 5, 2007 21 EX PARTE APPLICATION for Order to Deem Opposition to Plaintiffs' Motion for Preliminary Injunction as Timely Filed; Declarations of Becky J Belke and Ceasar Sosa filed by defendant Jack in the Box Inc. Lodged Order.(esa) (Entered: June 20, 2007)
June 6, 2007 10 ORDER re Jack in the Box Inc's Ex Parte Application by Judge Andrew Guilford: It is Ordered, Adjudged, and Decreed that Jack in the Box Inc's Opposition to Plaintiffs' Motion for Preliminary Injunction, Objections to Plaintiffs' Evidence, and [Proposed] Order Denying Motion for Preliminary Injunction, be deemed timely filed.(esa) (Entered: June 7, 2007)
June 6, 2007 23 NOTICE OF LODGING Exhibits to Opposition to Motion for Preliminary Injunction filed by defendant Jack in the Box Inc. (esa) (Entered: June 21, 2007)
June 7, 2007 11 NOTICE OF DISCREPANCY AND ORDER: by Judge Andrew J. Guilford, ORDERING PHV application submitted by Defendant Jack in the Box Inc received on 6/5/07 is not to be filed but instead rejected. Denial based on: missing signature.(dmjr) (Entered: June 11, 2007)
June 8, 2007 22 PROOF OF SERVICE Executed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc, upon Jack in the Box Inc served on 5/25/2007, answer due 6/14/2007. The Summons and Complaint were served by substitute service, by State statute, upon Jane Doe, Receptionist. Due Dilligence declaration not indicated. Original Summons not returned. Service via first class mail on 05/28/07. (ln) (Entered: June 21, 2007)
June 11, 2007 24 RESPONSE to Evidentiary Objections[19] filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc (esa) (Entered: July 2, 2007)
June 11, 2007 25 REPLY MEMORANDUM in support of MOTION for Preliminary Injunction [3] filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: 07/02/2007)
June 11, 2007 26 DECLARATION of Amy Wells ; EXHIBITS A - N filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: July 2, 2007)
June 11, 2007 27 PROOF OF SERVICE filed by plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. Reply Memorandum in Support of its Motion for Preliminary Injunction; Declaration of Allan T Popelka; etc. served on 6/11/07. (esa) (Entered: July 2, 2007)
June 11, 2007 28 DECLARATION of Andrew F Puzder filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: July 2, 2007)
June 11, 2007 29 DECLARATION of Allan T Popelka filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: July 2, 2007)
June 11, 2007 30 DECLARATION of Richard B Biagi filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) (Entered: July 2, 2007)
June 11, 2007 31 SECOND DECLARATION of Brad R Haley filed by Plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. (esa) Modified on 7/2/2007 (esa, ). (Entered: 07/02/2007)
June 12, 2007 12 APPLICATION of Jeffrey S. Edelstein for Leave to Appear Pro Hac Vice. FEE PAID. filed by Defendant Jack in the Box Inc. (lb) (Entered: June 14, 2007)
June 12, 2007 14 APPLICATION of Gregory A. Clarick for Leave to Appear Pro Hac Vice. FEE PAID. filed by Defendant Jack in the Box Inc designating Local Counsel as Kathrin A. Wanner. (lb) (Entered: 06/14/2007)
June 13, 2007 17 MINUTES OF (IN CHAMBERS) ORDER by Judge Andrew J. Guilford: REQUESTING SUR-REPLY FROM Defendant Jack in the Box, Inc, and Continuing the Hearing on Plaintiff's Motion for Preliminary Injunction re: [3]. Defendant shall submit a sur-reply, if any, no later than 6/20/07. The Court also continues the scheduled hearing on Plaintiff's Motion for Preliminary Injunction to 7/2/07.(rla) (Entered: June 15, 2007)
June 13, 2007 35 ADDITIONAL OBJECTIONS TO EVIDENCE submitted in support of MOTION for Preliminary Injunction [3] filed by Defendant Jack in the Box Inc. (esa) (Entered: July 5, 2007)
June 14, 2007 13 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Andrew J. Guilford GRANTING APPLICATION of Jeffrey S. Edelstein for Leave to Appear Pro Hac Vice. FEE PAID.[12]. Designated Local Counsel Kathrin A. Wanner(lb) (Entered: June 14, 2007)
June 14, 2007 15 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Andrew J. Guilford, GRANTING APPLICATION of Gregory A. Clarick for Leave to Appear Pro Hac Vice. FEE PAID.[14] (lb) (Entered: June 14, 2007)
June 14, 2007 16 ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 8/20/2007 09:00 AM before Judge Andrew J. Guilford.(lb) (Entered: June 14, 2007)
June 14, 2007 34 ANSWER to Complaint - (Discovery)[1] filed by defendant Jack in the Box Inc.(twdb) (Entered: July 5, 2007)
June 20, 2007 36 OPPOSITION to MOTION for Preliminary Injunction[3] ; Declaration of Michael B Mazis, Ph.D. filed by Defendant Jack in the Box Inc. (esa) (Entered: July 10, 2007)
June 27, 2007 37 DEMAND for Jury Trial filed by defendant Jack in the Box Inc. (esa) (Entered: July 10, 2007)
July 2, 2007 32 ORDER by Judge Andrew J. Guilford, denying MOTION for Preliminary Injunction[3] (dmjr) (Entered: July 3, 2007)
July 2, 2007 33 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford : MOTION for Preliminary Injunction[3] is DENIED. Court Reporter: Walter Ledge.(lb) (Entered: July 5, 2007)
July 18, 2007 38 TRANSCRIPT filed for proceedings held on 7/2/07. Court Reporter: Walter R. Ledge. (ml) (Entered: July 19, 2007)
August 13, 2007 41 JOINT REPORT Rule 26(f) Discovery Plan and Notice of Settlement Procedure Selection. Estimated length of trial 5 days. The parties sellect Settlement Procedure No. 1 and request that a settlement conference with the assigned Magistrate Judge be set. (esa) (Entered: August 23, 2007)
August 13, 2007 42 PROOF OF SERVICE filed by plaintiffs CKE Restaurants Inc, Carl Karcher Enterprises Inc, Hardee's Food Systems Inc. Joint Rule 26(f) Report and Notice of Settlement Procedure Selection served on 8/13/07. (esa) (Entered: August 23, 2007)
August 20, 2007 39 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford: The Court sets the following dates: Expert Disclosures are due 12/14/07. Rebuttal Expert Disclosures are due 1/15/08. Discovery Cutoff (including experts)is 2/29/08. (See document for further details.) Court Reporter: Jane Sutton Rule.(rla) (Entered: August 23, 2007)
August 20, 2007 40 SCHEDULING ORDER SPECIFYING PROCEDURES by Judge Andrew J. Guilford: With this Scheduling Order Specifying Procedures, the Court orders the following concerning the dates and procedures in this case. Discovery Cut-Off 2/29/2008 Final Pretrial Conference set for 5/12/2008 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 6/17/2008 09:00 AM before Judge Andrew J. Guilford. (See document for further details.)(rla) (Entered: August 23, 2007)
August 31, 2007 46 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) filed; parties request to Appear Before Magistrate Judge for settlement proceedings.(ad) (Entered: September 19, 2007)
September 5, 2007 44 ORDER by Judge Andrew J. Guilford Granting the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1)to Appear Before Magistrate Jennifer T Lum for settlement proceedings.(esa) (Entered: September 12, 2007)
September 11, 2007 43 MINUTES OF IN CHAMBERS ORDER held before Judge Jennifer T. Lum re scheduling of settlement conference. See Minute Order for specifics. (dp) (Entered: September 11, 2007)
September 12, 2007 45 ORDER re Settlement Conference by Judge Jennifer T. Lum.Settlement Conference set for 10/17/2007 01:30 PM before Magistrate Judge Jennifer T. Lum. See Order for specifics. (dp) (Entered: 09/12/2007)
Docket Report Last Checked: November 29, 2007 15:26:36 PST
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Plaintiff: CKE Restaurants Inc
Represented By: Jan P Weir, Kevin J. McDevitt, Richard B. Biagi, Jennifer A Trusso
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Plaintiff: Carl Karcher Enterprises Inc
Represented By: Jan P Weir, Richard B. Biagi, Jennifer A Trusso, Kevin J. McDevitt
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Plaintiff: Hardee's Food Systems Inc
Represented By: Richard B. Biagi, Jan P Weir, Jennifer A Trusso, Kevin J. McDevitt
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Defendant: Jack in the Box Inc
Represented By: Kathrin A Wanner, Jeffrey S Edelstein, Becky J Belke, Gregory A Clarick
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