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Subway Claims Trademark On 'Footlong' Threatens Hotdog Seller Who's Been Selling Footlongs For Decades
from the descriptive? dept
Another day, another ridiculous trademark claim. Ubiquitous sandwich shop Subway threatened a hot dog provider in Coney Island who had been selling "footlong" hotdogs for decades, claiming that it had applied for a trademark on "footlong." The cease and desist demanded that the company cease using the designation for their hotdogs (and on their website, which is GoFootlongs.com).
There are all sorts of problems with this. First, the trademark is only applied for, so Subway doesn't even know if it's going to get the trademark. Demanding a cease & desist is a bit premature. Also, it's hard to see the USPTO approving this (one hopes), seeing as "footlong" is purely descriptive, and you're not allowed (in theory) to get trademarks on something that is purely descriptive.
Even so, when the folks at Planet Money (who have a sudden, if amusingly odd, interest in trademark law), called Subway, the company claimed that the cease & desist was a mistake. A "clerical error," a spokesperson claimed. I'm confused how a clerical error leads to a legal threat, but such is life these days. The error was apparently that Subway only intends to bully those selling "footlong" sandwiches, rather than "footlong" other things, such as hot dogs.
Even so, when the folks at Planet Money (who have a sudden, if amusingly odd, interest in trademark law), called Subway, the company claimed that the cease & desist was a mistake. A "clerical error," a spokesperson claimed. I'm confused how a clerical error leads to a legal threat, but such is life these days. The error was apparently that Subway only intends to bully those selling "footlong" sandwiches, rather than "footlong" other things, such as hot dogs.
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Sing w/me now...
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What a joke...
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Re: What a joke...
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Re: What a joke...
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Re: What a joke...
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Sheetz?
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Footlong
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Re: Footlong
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Embedded document
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Re: Embedded document
Hmm. Yeah, actually. I'm seeing that too. Never had that problem before... let me see if I can upload a new copy and see if that works.
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Subway
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Re: Subway
You've discovered a source of funding for fiscally challenged cities everywhere! ;-)
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Foot long
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The Coney Island dog vendor should...
Oh, wait.
Well, what about the iDog? Oops, that won't work.
How about the Monster Footlong iDog! Yes, that's it! Certainly all three words can't be filed against! In fact, maybe he should trademark it!
I'm waiting for the day someone sues the French for the text found on the Statue of Liberty for copyright infringement.
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WWJD
In my humble opinion, I believe Jared would burn any MOFO to ashes if they dare do anything to affect the love of his life...yes the footlong sandwich.
BTW, I hear Jared is the inspiration for the "footlong"....if you know what I mean.
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Trademark
The same is true of AMC theater's trademark of "Silence is Golden". I'm pretty sure that existed before AMC theaters and that when people use the expression they are not referring to the movie theater company.
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Re: Trademark
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Re: Trademark
Unfortunately, there are quite a few common terms that companies and/or people have tried to claim. Simplistic, common phrases such as "3peat"(Pat Riley), "Super Sunday"(NFL Football), "Winter Games"(Olympics), "Vancouver 2010"(Olympics), and many other phrases that should not by any means be covered by trademark have been granted trademark protections.
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Adding Subway to my personal list of banned companies
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meetings that took place when they decided to get their employer, Subway, to apply for the trademark, rubbing their hands together, envisioning the piles of money they would make
litigating.....The legal profession has become a prime bastion
for Idiotic, self important ***holes
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Subway's Douchebaggery
Now, I enjoy a good Subway sandwich (50/50 shot depending on the English comprehension level of the average 'sandwich-ista), but they need to take a step back and drop the frikkin' attitude. You make sanwiches, you're a glorified deli, get over yourselves!
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Makes me want to stop going there...
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They Just Lost A Customer
Oh, wait. I "used to eat" at Subway once a week.
Nice move, corporate asshats, you made me correct my own verb tense.
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Uh Oh - I can see another lawsuit coming
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The real reason?
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Footlong
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Goodbye Subway! Hello Blimpies Best!
I suppose now somebody will try to trademark - the big game or game day?!?
What a joke!!!
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Ridiculous
Next they might start suing smaller sandwich shops under a theory of "unfair competition," because their smaller competitors tend to make way better sandwiches.
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Plain stupid
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