Subway Claims Trademark On 'Footlong' Threatens Hotdog Seller Who's Been Selling Footlongs For Decades
from the descriptive? dept
Another day, another ridiculous trademark claim. Ubiquitous sandwich shop Subway threatened a hot dog provider in Coney Island who had been selling “footlong” hotdogs for decades, claiming that it had applied for a trademark on “footlong.” The cease and desist demanded that the company cease using the designation for their hotdogs (and on their website, which is GoFootlongs.com).
Even so, when the folks at Planet Money (who have a sudden, if amusingly odd, interest in trademark law), called Subway, the company claimed that the cease & desist was a mistake. A “clerical error,” a spokesperson claimed. I’m confused how a clerical error leads to a legal threat, but such is life these days. The error was apparently that Subway only intends to bully those selling “footlong” sandwiches, rather than “footlong” other things, such as hot dogs.
Filed Under: footlong, hotdogs, sandwiches, trademark
Companies: subway
Comments on “Subway Claims Trademark On 'Footlong' Threatens Hotdog Seller Who's Been Selling Footlongs For Decades”
Sing w/me now...
Five……five dollar……five dollars now going to Jimmy JOOOOOHHHHHNNNNSSSS!
What a joke...
A lot of people use the descriptive word footlong…Don’t even get me started. lol
Re: What a joke...
Like Mo Bigsley?
Re: What a joke...
That’s what she said…
Re: What a joke...
Only a foot long? I feel sorry for you. 😉
Footlong sandwiches/hoagies have been around for decades. How could one ever think they can get a legitimate trademark on it?
Sheetz?
There’s a place up in the North East US called Sheetz that sells $4 footlongs. It’s even labeled that way on the sign, a direct jab at Subway. I wonder if this is related.
and I eat from subway, I can’t believe this.
Footlong
I eat at Subway semi-regularly, and I think from now on when I order a full-sized sandwich I’ll make a point of asking for ‘a twelve incher’ and see if they notice.
Re: Footlong
Doubt it as you will be doing business at one of the franchises which probably have no clue what is going on in headquarters legal department. Sad that the franchises will be hurt for corporates stupid tactics.
Embedded document
Is the document completely unreadable for anyone else? For me it looks like there are two sets of words overlaid on each other.
Re: Embedded document
Yea I see the same thing, Its happened to me on a couple other documents with this .docstoc flash widget
Re: Re: Embedded document
Just figured out if you use the highlight tool it becomes a little clearer, or you can download it as a PDF either from the button on the top or the menu and the downloaded PDF looks normal.
Re: Embedded document
I see the same thing.
Re: Embedded document
Is the document completely unreadable for anyone else? For me it looks like there are two sets of words overlaid on each other.
Hmm. Yeah, actually. I’m seeing that too. Never had that problem before… let me see if I can upload a new copy and see if that works.
Re: Re: Embedded document
Ok. Swapped out Docstoc with a Scribd version, which appears to display the document correctly.
Subway
New York City should sue over the use of the word Subway. It’d be a great way to end their fiscal issues.
Re: Subway
Of course, then London should sue anyone using the word Underground or The Underground as well!
You’ve discovered a source of funding for fiscally challenged cities everywhere! 😉
Seriously? Trademark on the footlong? Well considering that there is actually sandwich called the footlong I don’t see how this can be claimed. However we also live in a country where cell phone providers literally spend more money on arguing over who can claim that they have the “best service”, “largest network”, and “fewest dropped calls” than on their actual networks…
Foot long
surely “foot long” is a descriptive term “footlong” could very well get the trademark.
The Coney Island dog vendor should...
…just change the name to Monster dogs.
Oh, wait.
Well, what about the iDog? Oops, that won’t work.
How about the Monster Footlong iDog! Yes, that’s it! Certainly all three words can’t be filed against! In fact, maybe he should trademark it!
I’m waiting for the day someone sues the French for the text found on the Statue of Liberty for copyright infringement.
WWJD
I live my life by this standard…What Would Jared Do?
In my humble opinion, I believe Jared would burn any MOFO to ashes if they dare do anything to affect the love of his life…yes the footlong sandwich.
BTW, I hear Jared is the inspiration for the “footlong”….if you know what I mean.
Trademark
I was under the impression that you could not trademark expressions that were already in common usage. Is that true? If so, is this a case of a trademark being granted beyond the bounds of law?
The same is true of AMC theater’s trademark of “Silence is Golden”. I’m pretty sure that existed before AMC theaters and that when people use the expression they are not referring to the movie theater company.
Re: Trademark
….Windows… so you are wrong.
Re: Trademark
I was under the impression that you could not trademark expressions that were already in common usage. Is that true? If so, is this a case of a trademark being granted beyond the bounds of law?
Unfortunately, there are quite a few common terms that companies and/or people have tried to claim. Simplistic, common phrases such as “3peat”(Pat Riley), “Super Sunday”(NFL Football), “Winter Games”(Olympics), “Vancouver 2010″(Olympics), and many other phrases that should not by any means be covered by trademark have been granted trademark protections.
Re: Re: Trademark
486
Adding Subway to my personal list of banned companies
Sorry guys, it is your own fault for not monitoring your lawyers.
Re: Adding Subway to my personal list of banned companies
Exactly.
Re: Re: Adding Subway to my personal list of banned companies
I would stop going to Subway due to this, except that I never go there anyway. The bread is gross, the meat is very low quality, the veggies are tasteless.
This is the kind of thing that happens when you have a room full of overpaid, bored corporate attorneys. I can picture the
meetings that took place when they decided to get their employer, Subway, to apply for the trademark, rubbing their hands together, envisioning the piles of money they would make
litigating…..The legal profession has become a prime bastion
for Idiotic, self important ***holes
Subway's Douchebaggery
This company has been getting increasingly obnoxious these last few years, starting with the commercials featuring Jared, posterboy for corporate soundbite pandering. Top that off with their overweening need to discredit competition with slander rather then simply promote their own good product.
Now, I enjoy a good Subway sandwich (50/50 shot depending on the English comprehension level of the average ‘sandwich-ista), but they need to take a step back and drop the frikkin’ attitude. You make sanwiches, you’re a glorified deli, get over yourselves!
So if I sold a foot long ruler is that infringement. Perhaps stores should only sell a two foot long ruler instead.
Makes me want to stop going there...
I really hate this sort of thing. I think I’ll avoid them until this is resolved (ie dropped).
They Just Lost A Customer
I eat at Subway once a week. I have their daily specials memorized.
Oh, wait. I “used to eat” at Subway once a week.
Nice move, corporate asshats, you made me correct my own verb tense.
Uh Oh - I can see another lawsuit coming
The next thing that will happen is that ex-porn star ‘Long Dong Silver‘ will sue Subway, claiming that the ‘footlong’ trademark should belong to him.
Maybe the City of New York could send cease and desist letters to Subway telling it that the MTA is trademarking the word Subway.
The real reason?
I wonder if subway wants to trademark footlong so it can shrink its subs while continuing to claim they are Footlong subs.
Footlong
If the letter is authentic, the attorney for Subway didn’t even get the trademark application number right. It’s 77324328, not 77324228.
Goodbye Subway! Hello Blimpies Best!
Subway just lost money on me… Trademarking footlong. WTF!?! Ha!
I suppose now somebody will try to trademark – the big game or game day?!?
What a joke!!!
Ridiculous
Anyone who knows a shred of trademark law probably also knows that Subway’s arguments are completely meritless.
Next they might start suing smaller sandwich shops under a theory of “unfair competition,” because their smaller competitors tend to make way better sandwiches.
Plain stupid
No problem, perhaps we should all apply for the trademark ‘footlong’? I can find many things to associate with the term. Better yet what not apply for trademark on ‘LOL’ as it applies to digital communications?