Five dollar –GAH, EXCUSE ME WHILE I STAB MYSELF IN THE BRAIN.
Many people share that same sentiment as I, but ultimately to no avail. Subway has become a perpetual monster of the sandwich shop (but not ye olde sandwitch shoppe), even going so far as to state that the term “footlong” is exclusive to Subway and Subway alone (trademark pending). Major emphasis should be on the trademark pending portion, but nonetheless, that’s not stopped Subway from sending C&D’s to companies over their usage of the term.
But perhaps that may not continue. Casey’s General Stores of Ankeny, Iowa, a regional convenience store chain with around 1600 locations, has decided to not be bullied into submission.
Casey’s is asking for a jury trial and is seeking a declaration that the term “footlong” is generic and does not violate any trademark owned by Subway. Casey’s is also asking for unspecified damages over Subway’s “frivolous” claims.
We for one wouldn’t be against cheering for the little guy, though mainly because our Subway in college was too far away to get free cookies from late at night.