The Homa Files

Punch line: The term “footlong” has been around for decades – maybe centuries. 

But Subway, fresh off its $5 footlong promotion, is trying to claim the phrase is proprietary and suing other folks who use the term.

Come on, Subway …  go fight McDonald’s, not push-cart vendors.

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Excerpted from BrandChannel: Did Subway Put Its Foot(long) In Its Mouth? ,  May 19, 2010

Subway successfully positioned itself via its Jared Fogle healthier eating campaign as the antithesis of “fast food.”

Launched in 2008, the chain’s $5-footlong deal has become its most successful campaign ever.

Now, Subway is moving to protect its “footlong” golden goose …

Subway is sending cease-and-desist letters to hotdog vendors using the term “footlong” to sell their wares.

In one case, Subway even targeted a hotdog vendor that has been selling “footlong” dogs for 40 years.

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A patent attorney points out, “Federal trademark law prohibits federal trademark registrations on words which, when used in connection with the goods, are merely descriptive. A cursory Google search reveals over 6,000 uses of the words ‘footlong sandwich’ apart from the term ‘Subway.'”

Full article:
http://www.brandchannel.com/home/post/2010/05/19/Subway-Sues-Over-Footlong.aspx

This entry was posted on June 17, 2010 at 6:20 am and is filed under Food & Drink, Mktg - Brands. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.