"Subway" Trying To Trademark "Footlong", sending cease and desist letters to local sandwich shops

WSJ ^

[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.

[rightly_dividing]

Subway is dog food

That would be animal cruelty. I love my dog more than that.

[CitizenUSA]

the

Sue me!

[TankerKC]

...we were infringing on Subway’s future rights?!

So, you admit it, huh? ;)

[null and void]

Sorry Subway, "Footlong" has been a part of American culture for over a centurty.

You may as well try trademarking "Sandwich"

[FrankR]

"They were not the first shops to sell 12” sandwiches. "

Not that I am defending them - I am not - but they obviously the first to think about copywriting the term "footlong", so that will make it theirs, by law anyway.

And hey, you know those poor lawyers need to have something meaningful to do besides whiplash and asbestos poisoning, so they are chasing down "footlong" merchants and sending "cease and desist" letters.

I think Subway should be boycotted for using its National standing to harass and financially damage the small businessman.

Any rational American associates the word "footlong" with a hot dog, not a sub.

The Subway company are bullies...I'm switching to Quiznos.

[CitizenUSA]

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.

[luvbach1]

I doubt that they were registered trademarks, but foot-long hot dogs from any number of sources pre-date Subway by many decades.

[decisis]

I think John Holmes was the first to coin the phrase “footlong sandwich.”

[Brett66]

I have trademarked the term “foot” and “long” separately, Subway is about to get sued for Bazillion dollars.

[luvbach1]

Reminds me of Spike Lee trying to own the name Spike (he lost). Spike Jones had it first.

[bert]

Subway could probably trademark “Lettuce Sandwich” and no one would object to that reality.

[CT-Freeper]

Their quick, short reply should be:

"No."

[Gorzaloon]

I think they’re going to have problems, “footlong” hot dogs having been part of the public vernacular for a VERY long time.

"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,

[Constitution Day]

You may as well try trademarking "Sandwich"

You colonial ruffian! I must protest, sir!

[MamaTexan]

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

Okay, okay.....Here's your 5 bucks

but YOU have to figure out how to get them into Paypal!

-----

neener-neener ;-)

[GeronL]

I just don’t think you should be able to trademark something like that, a common word.

I got dibs on ‘The’

[Dallas59]

Subway is ok in a pinch...But because of the idiocy of this idea...Quiznos will get my business.

[Erik Latranyi]

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?

I agree.

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.

[Republic of Texas]

The porn industry might have something to say about this.

[blackd77]

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!”.