Comments on: If you can’t compete, sue ’em dept.: Carl’s Jr. v. Jack in the Box

By: TC

TC — Wed, 30 May 2007 12:35:55 +0000

“As a guy named Angus, none of this is funny to me.”

Now that is by gawd funny!

So is the ad. The suit sux and some atty’s should have their hand slapped.

By: Angus

Angus — Tue, 29 May 2007 17:38:28 +0000

As a guy named Angus, none of this is funny to me.

By: Mike Perry

Mike Perry — Sun, 27 May 2007 22:06:42 +0000

This seems to violate one of the cardinal rules of suing–don’t sue over something that’s funny. You look ill-tempered and give the other guy free publicity.

By the way, a Jack-in-the-Box employee told me the guy in their ads really is their president.

By: LAN3

LAN3 — Sun, 27 May 2007 17:31:27 +0000

Wikipedia says there are some 800 recognized breeds of cattle, and lists many of them including "Charolais," which is probably what you saw (or a local spelling variation), which has its own entry. Looking at the list, I'd have to say that I've heard of about half a dozen of the names, and the only one I would associate with eatin' beef is Angus. Also, sirloin makes a good steak, but once the meat is ground up, the tenderness stops being an issue and what's left is meaty flavor and fat content for moisture. If Carl's burger is from the right parts of the Angus (which could be a good mixture of chuck and round, for example) then I'd go there-- Jack in the Box could be wasting good steak-meat on second-rate burgers, all from mutt cattle. But I live in Washington state, which has Jack but not Carl.

By: John Burgess

John Burgess — Sun, 27 May 2007 10:48:40 +0000

Here in SW Florida, the SweetBay grocery chain features ‘Angus’ as the label for their premium beef. I don’t think one can actually copyright the name, though fair trade laws might require that the beef so labeled actually come from Angus cattle.

I swear I’ve seen beef in markets labeled ‘Chariolet’, stating that the meat comes from this particular breed.

By: LAN3

LAN3 — Sat, 26 May 2007 23:03:26 +0000

There’s also a chain of 83 steakhouse restaurants in the West and Midwest called “Black Angus Steakhouse,” which should have a bigger beef with that commercial, and yet their lawyers haven’t yet staked their claim. Maybe they know bull when they see it, and that’s why they didn’t chuck their hat into the ring, legally speaking.

By: Xrlq

Xrlq — Sat, 26 May 2007 22:06:03 +0000

I think a better basis for this suit would be copyright infringement, assuming jokes can in fact be copyrighted. Carl’s Jr. ran essentially the same gag a few years back, with their team of scientists attempting in vain to find the “nuggets” on a chicken. Or maybe the theory is some kind of trademark thing, as in viewers will see the new commercial, remember the old, think they’re watching a commercial from Carl’s Jr., and run out to buy their hamburgers from … Carl’s Jr.????!!!!

By: Terablogger

Terablogger — Sat, 26 May 2007 20:37:46 +0000

And if Carl’s Jr. wins? A corrective ad. :
“Actually Angus is a type of Cow, so unlike Sirloin, we can’t say where it comes from!”, still glancing at back of diagram with a snear.
On the East coast, it’s Burger King that has an Angus Burger.

By: Peter

Peter — Sat, 26 May 2007 20:00:00 +0000

Here in Dixie, the best BBQ pork is made with Boston Butt. Which is from the shoulder. Go figure.

By: jb

jb — Sat, 26 May 2007 18:15:29 +0000

Wow, that was a stupid commercial. I think the set of people who will understand the references and be swayed on that basis is vanishingly small.

Furthermore, the set of people who will get the butt joke in the commercial, and be swayed on that basis, is also rather small. I hope.