Convenience store seeks trial with Subway over “footlong”
Des Moines, Iowa, United States (AHN) – A convenience store chain is suing Subway to ensure that “footlong” remains an ordinary term to refer to a 12-inch sandwich.
According to the Des Moines Register, Iowa-based Casey’s General Stores has filed a petition with the U.S. District Court asking for a jury trial and a declaration that “footlong” is generic.
Subway warned last month it would sue Casey’s for using the word in menus in some locations. The Connecticut-based restaurant franchise began selling its successful “5-dollar Footlong” subs in 2004.
The term “footlong” has an unregistered trademark symbol on Subway’s official menu.
Records at the U.S. Patent and Trademark Office show that Doctor’s Associates, the owner of Subway, filed its trademark application for the term in 2007. The application, which is still pending, has received opposition from A&W Restaurants, Domino’s, Firehouse Subs, KFC, Long John Silver’s, Pizza Hut and Taco Bell.
Casey’s, which operates 1,542 stores nationwide, has refrained from using the term in its website and social media communications with customers.
Subway has not issued a statement on the petition. The company maintains more than 34,000 restaurants in 95 countries worldwide.
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