Most of us have had the “5-dollar footlong” jingle in our head at some point, but one Iowa establishment doesn’t think that gives Subway a complete monopoly on the “footlong” term.
According to the Des Moines Register, Casey’s General Stores of Ankeny, Iowa, just north of Des Moines, is suing the sandwich giant for its claim to exclusive rights over the use of “footlong,” specifically without a hyphen.
There are 1,600 Casey’s units throughout the Midwest. Many locations are launching a promotion of their 12-inch sandwiches using “footlong” on signs and menus.
Subway sent a letter to Casey’s declaring proprietary rights to the term and threatening a lawsuit.
Casey’s struck first, however, filing a petition in U.S. District Court asking for a jury trial to determine the word “footlong” is generic. Casey’s also is asking for unspecified damages and plans on a continued use of the word in its promotional materials.
In May, Subway applied to the U.S. Patent and Trademark Office for the exclusive right to use the term for its 12-inch sub sandwiches. The application, however, has yet to be approved.
No trial date has been scheduled yet.
