Does the word “footlong” describe any 12-inch-long sandwich or does submarine sandwich chain Subway own exclusive rights to the word in the sandwich world? That decision may be made in an Iowa court now that Des Moines-based Casey’s General Stores, Inc., is taking Subway to court to fight its claim for exclusive rights to “footlong.”
Subway’s been promoting its “$5-dollar footlongs” for several years in, at last count, more than 34,000 restaurants across 95 countries. The company registered “footlong” with the USPTO in International Class 30 (sandwiches) in November 2007. Here’s a copy of the record from Corsearch® Advantage™:
The filing has reportedly been opposed by many fast food chains, including A&W, Pizza Hut, Kentucky Fried Chicken, Taco Bell and Long John Silver’s. And now by Casey’s.
The case started after several Casey’s stores had been using the term “footlong” on signs and menus to promote its sandwiches. The company was contacted by an attorney for Subway asserting proprietary rights to “footlong” and threatening to sue. That’s when Casey’s filed a petition in U.S. District Court asking for a declaration that “footlong” is generic and does not violate any Subway-owned trademark.
Do you think “footlong” is generic?
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