Subway To Everyone Else: Stop Selling 'Footlong' Sandwiches

[The Straight Story]

Subway To Everyone Else: Stop Selling 'Footlong' Sandwiches

The Coney Island Drive Inn, a restaurant in Brooksville, Florida, has been selling 12-inch hot dogs -- 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) association with sandwiches. You must immediately remove all references to FOOTLONG (TM) in association with sandwiches.

(The full letter is online here.)

Given our recent interest in trademark issues -- recall the short life and painful death of the Planet Money Money Honey (TM) visor -- it seemed worth learning more. So I put in calls to Subway and to Blair Hensley, owner of the Coney Island Drive Inn.

http://www.npr.org/blogs/money/2010/05/subway_to_everyone_you_cant_se.html

[elocs]

1. I think I'll cease and desist going to Subway. There are plenty of other places to get subs. n/t

[ima_sinnic]

4. good idea. petty little assholes who want to rule it over the little people (nt)

[The Straight Story]

7. The meatball, and other subs, used to be $4.25-$4.50, then they lowered some prices and raised the

rest and told people it was a great deal "$5 footlongs!" - yeah, but the subs I usually bought were less.

[Mugweed]

2. Once Spike Lee was allowedto trademark the letter "X" all bets were off

n/t

[-..__...]

44. The same pompous ass...

threatened to sue the Spike channel because their name of choice, along with their programming content, could have tarnished his image and reputation.

[CTLawGuy]

3. I remember the term "footlong"

from elementary school lunch menus, back in the 80s. Subway is being ridiculous here.

[donco6]

18. I bought footlong hot dogs in 1965.

And I'm sure they were available long before that.

[Gormy Cuss]

56. They've already recanted the letter to the Coney Isl Drive Inn

because their trademark application doesn't cover foot-long hotdogs, just "footlong sandwiches."
They should lose the trademark request regardless. It's asinine.

[dipsydoodle]

5. If it comes to it

then switch to metric and fuck Subway.

[boston bean]

12. like the "double half foot" or "2x6 incher" nt

[canetoad]

14. I'll have a 30cm please

:rofl:

[dipsydoodle]

15. Sounds about right.

Fuck only knows what Subway themselves call them in metric countries. :rofl:

[-..__...]

41. Do you know what they call a footlong with cheese in paris?

[dipsydoodle]

57. A Royale ?

:rofl:

[The Damned]

6. Just change it to "John Holmes Special"

[dsn]

8. This is going to get REAL painful for Subway

When the PTO gets a case like this, they look at who was using the mark first. The Coney Island Drive Inn seems to have been using the mark before Subway was founded. It could be they who are ordered to cease and desist using the name Footlong as applied to sandwiches.

Then again, the Coney Island Drive Inn might have the last laugh--they may agree to rename their trademark sandwich from Footlong to the "Phukkum" sandwich. Cash registers will ring into oblivion as people venture from near and far to dine on the specialty de la maison, the sandwich whose name is pronounced "fuck 'em."

[JCMach1]

11. the PhkSubway all day long dog has a nice ring to it!

[Pab Sungenis]

9. "Footlong" is a descriptive term.

The PTO won't issue a trademark for a purely descriptive term.

[Vinnie From Indy]

17. It does seem a bit odd that Subway would attempt to TM the word

IN addition to being a purely descriptive term like crunchy or "mini", I suspect that there have been hundreds of examples of other businesses using the term decades before Subway. I am not sure if "prior art" applies to TM's, but it does with patents.

[5X]

10. I think I will trademark the term "Oil Spill"....

then quit using the term. Then all our problems will be solved.

[Vinca]

13. That's ridiculous. Footlong hot dogs have been around

since the beginning of time. The Coney Island Drive In ought to change the name of their sandwich to the "Jared Got Fat Again" sandwich.

[Prometheus Bound]

16. I once had a company's lawyers try that on my company.

We had coined a term for our product and had used it for a decade without trademarking it. This company, our competitor in the US market, started using it and thought of trademarking it and got the TM. Their lawyers wrote to use telling us to cease and desist using the phrase. We sent them a copy of a magazine ad nine years earlier showing our use the the term and they never bothered us again.

[malaise]

19. McDonald's tried that shite here in Jamaica

and tried to shut down a restaurant owned by a Mr. McDonald which existed for decades before they arrived. Big Mac lost big time and what's more, the case angered Jamaicans to the point that in no time there was only one McDonald's left on the island - in Montego Bay for the tourists.

[Liberal_in_LA]

62. Ouch! I was in Jamaica a few yrs ago. Missed the McD

[reggie the dog]

20. Nothing a foot long??? Ron Jeremy look out

[lpbk2713]

21. Verizon tried to get a patent on the internet.

I think the Patent Office is still laughing about that one. :rofl:

[blondeatlast]

36. The PTO might very well be a fun place to work if you think about it! nt

[Jokerman]

22. A local hamburger chain beat McDonald's at this very same thing.

Mac's Hamburgers had sold a "Big Mac" sandwich for years before McDonald's even existed in this state. A court battle ensued and eventually ruled that the local chain's right to use the name pre-dated McDonald's. Of course McDonald's won out in the long run as Mac's is no more.

Times and courts may have changed but I wouldn't give up without a fight.

[Stinky The Clown]

23. Sony once put a small local restaurant out of business.

Sony Florinda had, for years and years, been operating a few Asian noodle shops in Maryland. In 1987, some hot shot Sony lawyer saw her ad in a phone book (!) and started to go after her. The long and short was they wore her down with legal costs and she caved.

Here's a link to a clip of the story (they want you to pay to read it all):

http://www.encyclopedia.com/doc/1P2-1331412.html

[marmar]

24. Blimpie's, here I come......

...... Totalitarian corporations turn my stomach.

[TheCowsCameHome]

25. A transit authority should sue Subway for using a train name in their product

Subway sucks, anyway.

[progressoid]

26. I wish someone would sue them to stop using that fucking $5 footlong song on TV

Gaaa I hate that song. :grr:

[michreject]

27. A&W Rootbeer advertised a footlong hotdog in the 50"s

I use to eat them.

[tuvor]

28. The term 'footlong' reminds me of Pee-Wee's Big Adventure.

Anyone else remember when Pee-Wee tried to help Mickey get out of prison by smuggling a file in a footlong at the premiere of his movie?

Anyone else remember all the legal sabre-rattling from Subway over that?

[tuvor]

29. OMG. What's Subway gonna do about footlong.com?

TOTALLY NSFW, FYI.

[gmoney]

51. "Dear Jared, I was looking for information on your sandwiches, so I went to footlong.com...

"And I must say that the images portrayed there are certainly NOT what I would expect from a family restaurant! Instead I will be taking my business to Penis Station.

Emily Littella
Fort Lee, New Jersey"

[rucky]

30. Anybody can apply for a trademark

doesn't mean they'll be registered.

That phrase has been around for as long a sub sandwiches have.

Classic case of corporate bullying.

[dipsydoodle]

32. The obvious solution may be

to trademark the word trademark. :)

[Lochloosa]

31. EAT LOCALLY!

Support your local restaurants. The food is usually better tasting and better for you.

[NYC_SKP]

33. Fuck Subway. I remember my first encouter with "Subway" in the 80's in NY of all places.

You couldn't find a less NY-like sandwich.

With all the "olde New York" wallpaper and crap.. :puke:

And now this?

Go to hell, Subway.

Buy locally, support small businesses.

[Crabby Appleton]

34. Word -nt

[NikRik]

38. They should call it the footlong POS !

I now live in N. California however was raised in Chicago and visit my many relatives in Chicago all the time.The first thing I do is go to one of the many great Pizza ,Italian Beef stands (they call "stands" becasue you stand at a counter and eat the food ! The Italian sausage or combo beef and sausage would blow the socks off anything Subway has to offer. Being Iam 100% Italian/Americian I grew up on home made Italian food and Chicago Deli's ! THey have the best lunch meat on the best bread ,if you live in Chicago and go to subway you need to get your taste buds replaced !
Nick

[JHB]

40. Bingo. I'd boycott Subway over this, but I don't go there anyway

Ironically, panninis are the big thing now, so it can be depressingly hard to find a decent hero place anymore.

The other irony, of course, is that Subway uses 'all the "olde New York" wallpaper and crap', but in NY most places call them "heros", not "subs".

[geardaddy]

54. Yup. Eat local!

Caffrey's in Minneapolis

[Liberal_in_LA]

63. cuz of tne old ny wallpaper and name, I figured they came from Ny

[HughMoran]

35. I oughta plant a footlong up Subway's ass

:eyes:

[jfkraus]

37. Trademarking the term "Footlong" is like

trademarking the term "Water".

[gmoney]

53. "Water is a registered trademark of the Coca-Cola company"

[kenny blankenship]

39. Patents and trademarking the English language: another way major corporations are destroying liberty

and starving everything but themselves for oxygen.

[L0oniX]

42. So put a space between the words "Foot Long".

[TwilightGardener]

43. Five.... Five-dollar.... Five-dollar Foot Loooongs

They did come up with a catchy jingle, though.

[-..__...]

45. I believe Toys "R" Us....

successfully sued (or intimidated), any company/business that inserted the "R" into their name.

[Lance_Boyle]

50. Isn't the 'R' backwards in the logo?

That might be trademark-able. The correct orientation of the letter probably is not.

[Jennicut]

46. Screw them. In CT, my husband and I try to eat at Nardellis instead. The best in the state.

It is locally owned by a family not a big corp. Has a couple of grinder shoppes around CT. And it is soooo good.

[AngryAmish]

47. ...and then some

[merh]

48. Who Dat think they own footlong?

Last subway sandwich I had was nasty - they aren't worth the $5 charged.

[geardaddy]

49. Some sub company should

TM the name "sub".

[slackmaster]

52. This is an example of how our recalcitrence in adopting the Metric System is hurting our country

I want a 30 centimeter sandwich.

[Romulox]

55. How can you be awarded a trademark for a common descriptive term?

Perhaps I can make "way" my trademark, and clean up?

[MilesColtrane]

58. Subway = The Sandwich Shop of Last Resort

Gimmee Quizno's any day.

[drm604]

59. I can remember the term "footlong" being used for sandwiches (especially hot dogs)

at least as far back as the seventies. It likely goes back further than that. I'm certainly not a trademark attorney, but isn't "footlong" too generic to be an enforceable trademark?

[HopeHoops]

60. Does this apply to porn movies too?

:shrug:

[frylock]

61. submarina is better anyway