Posted on 05/18/2010 6:58:04 AM PDT by Thurston_Howell_III
The Coney Island Drive Inn, a restaurant in Brooksville, Florida, has been selling 12-inch hotdogs — the restaurant calls them “footlongs” — for more than 40 years. Its Web site is gotfootlongs.com.
Last week, the restaurant got a letter from a lawyer representing Subway, which, as you may have heard, sells 12-inch sandwiches for five bucks.
After explaining that Subway “has applied for the trademark FOOTLONG (TM) in association with sandwiches,” the letter says:
You are hereby put on notice to cease and desist from using FOOTLONG (TM) in association with sandwiches. You must immediately remove all references to FOOTLONG (TM) in association with sandwiches.
(Excerpt) Read more at blogs.wsj.com ...
In the comments section to the article someone wrote: "Subway lawyers have also sent a cease-and-desist letter to the MTA. The MTA must now refer to that thing underneath the streets of New York as an “Underground Railroad.”
The Al Roker... was the a 1’ diameter sandwich?
Last time I ate a Subway sandwich I had the runs for a day-and-a-half.
So, when I was a kid, and we bought footlong hot dogs, and simply called them footlongs... we were infringing on Subway’s future rights?!
Who knew?
Coney Island is an American Institution. Subway is dog food.
They were not the first shops to sell 12” sandwiches.
Coney Island is an American Institution. Subway is dog food.
I think they’re going to have problems, “footlong” hot dogs having been part of the public vernacular for a VERY long time. And I assume a hot dog in bun qualifies as fitting into the category of “sandwich”.
If your dog eats Subway sandwiches, you should look for a more discriminating pet.
Yabbut a dog wouldn’t touch it.
7-11 stores tried the same thing with a small grocery store owner in Iowa. The grocer had called his store 7-11 since about 1948. The company paid him for the right to use 7-11...
Subway thinks this makes their claim less ridiculous?
“They were not the first shops to sell 12” sandwiches.”
If they win this, I hope some lawyer takes a tape measure with him or her, and sues the first time they get an 11” footlong. False advertising.
Maybe Sonic Drive Ins will sue Subway. They've had foot long hot-dogs since I was in high school.
Who ever heard of trademarking a measurement?
What's next? A license to say 'inchworm'?
Geesh!
Subway has already recanted on this. They are only trying to trademark “footlong” when it is used in regards to sandwiches. Still, I’d deny their request if I worked in the trademark office. A quick check with Google reveals several other companies using footlong in regards to sandwiches.
I’m going to trademark the word “the”. For now on, anyone using “the” will have to submit royalties or be prepared for a law suit.
Here’s a link to a related blog post on the issue. Seems they agree numerous other companies are using footlong in conjunction with sandwiches.
“What’s next? A license to say ‘inchworm’?”
I just applied for a trademark on “INCHWORM” therefore I hereby order you to cease & desist... or alternatively put 5 bucks in my paypal account every time someone reads your post :-P
It’s BS like this that will lose them business in the long run too.
When people see Subway throwing their legal weight around against little shops that have been using the term footlong for decades before there even was a Subway it makes them think twice before walking through the door.
Attempting to increase your sales by hurting smaller competitors has never worked out well once John Q Public hears about it in this country.
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