Skip to comments."Subway" Trying To Trademark "Footlong", sending cease and desist letters to local sandwich shops
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?!
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'?
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.
That would be animal cruelty. I love my dog more than that.
So, you admit it, huh? ;)
You may as well try trademarking "Sandwich"
Abathar: “Attempting to increase your sales...”
That’s the ridiculous part of this. Who doesn’t already know that Subway sells footlong and 6” sub sandwiches. How much business does the corporate office think they are going to gain by squashing small shops that use the same term? How much business will they lose by bad press? Probably more than the former question.
I doubt that they were registered trademarks, but foot-long hot dogs from any number of sources pre-date Subway by many decades.
I think John Holmes was the first to coin the phrase “footlong sandwich.”
I have trademarked the term “foot” and “long” separately, Subway is about to get sued for Bazillion dollars.
Reminds me of Spike Lee trying to own the name Spike (he lost). Spike Jones had it first.
Subway could probably trademark “Lettuce Sandwich” and no one would object to that reality.
"Footlong" IS a Trademark. It is not a Registered Trademark, but has been used openly by many entities for decades. Subway's trademark registration should not be allowed, and the eatery should get a lawyer and turn on Subway. If they get the right lawyer, they could cause Subway a world of hurt. Subway wants the Trademark, and does not want to buy it from the people using it, so they resort to barratry. Of COURSE Subway is aware of the prior uses.
Serial Number Reg. Number Word Mark Check Status Live/Dead 1 77658312 $5 FOOTLONGS TARR LIVE 2 77752328 FOOTLONG TARR LIVE 3 77324328 FOOTLONG TARR LIVE 4 76586913 2939541 FOOTLONG EXPRESS TARR DEAD 5 75308314 2161133 FOOTLONG EXPRESS TARR DEAD 6 74597430 1948530 WONDERDOGS FRANK FOOTLONG KNOCKWURST TARR DEAD
The first several are not germaine to hot dogs. The last did not specifically claim the use of "footlong".
However, if it already in current use, they have no more right to it than I do for Windows.
IANAL, I just pay them,
You colonial ruffian! I must protest, sir!
Okay, okay.....Here's your 5 bucks
but YOU have to figure out how to get them into Paypal!
I just dont think you should be able to trademark something like that, a common word.
I got dibs on The
Subway is ok in a pinch...But because of the idiocy of this idea...Quiznos will get my business.
What a stupid corporate move. Their advertising has given them the "footlong" association they want.
Taking it this far will only lose business for them.
The porn industry might have something to say about this.
Awhile back, I saw a news bit on a lawsuit about McDonald’s suing an eating establishment in Scotland over use of the name “McDonald’s”. It showed a bearded fellow standing in front of what looked like a hunting lodge. He said he was the Earl of McDonald (or something like that) and that that establishment had been serving food and wee drams for hundreds of years. He said “I should sue them!”.
My Name is Earl?
Darn I I called dibs on ‘The’ but I accidently posted in on a thread about unemployed pastors.
I guess I’ll trademark.... ‘trademark’
Their meatball isn’t so bad.
The problem is, the sandwiches we make at home are just as good.
Oh, now you’ve gone and done it!
Please forward your name, address, phone number, your mother’s maiden name, your first dog’s name, birth date and social security number.
There's a word that should be used much more often.
Asinine! I like Subway, but I can just as easily get good FOOTLONG subs from somewhere else, and will do so if they persist with this. I hope its laughed out of court!
Hustler Trying To Trademark “Footlong”, sending cease and desist letters to local Porno shops
LOL! Oh how I wish we could pay lawyers in that manner.
Nice rack.... ;^)