When you hear “footlong,” does a Subway sandwich immediately come to mind? The company hopes so: They’re taking measures to trademark the term for their twelve-inch sandwiches, but being met with some strong resistance.
Subway is taking an aggressive approach, sending cease-and-desist letters to mom-and-pop restaurants, including some that have been using “footlong” in their marketing for decades. For example, Coney Island Drive Inn in Brookfield, FL, has been selling footlong hot dogs for forty years, even using the term in its web address. Subway’s legal department recently sent them a strongly worded letter:
“You must immediately remove all references to FOOTLONG ™ in association with sandwiches.”
From a legal standpoint, the question is this: Can “footlong” be considered a trademarkable term? Food purveyors who have for years used “footlong” as a descriptor are stepping up to say that it’s too generic; Subway, however, argues that their relentless use of the term in advertising has given it, essentially, a second meaning.
Of course, to get around this, other companies may simply need to use a solution as simple as just utilizing a different parsing: “foot long,” rather than “footlong.” Another solution? Make 13″ sandwiches and call sandwiches by “competitors” small.
Ultimately, I think we all know that there’s one person on this planet who might need to contest this trademark: Ron Jeremy.