Subway Trying To Trademark 'Footlong,' Sending Cease-And-Desist Letters

Subway is making a play to trademark the term "footlong," prompting some embarrassment and a swift retraction after the chain threatened a mom-and-pop restaurant that's been the "Home of the Footlong" for decades.

Subway attorney Valerie Pochron sent a cease-and-desist letter to the Coney Island Drive Inn, a local Florida institution whose "footlong" hot dog dates to 1963. After Coney Island proprietor Blair Hensley took his case to the St. Petersburg Times, Subway quickly clarified that the letter was sent in error -- the company only intended to threaten restaurants selling "footlong" sub sandwiches. Hot dogs are fine.

Subway spokesman Kevin Kane declined to tell NPR how many cease-and-desist letters the company has sent out while in pursuit of the mark.

The Subway chain has applied to the U.S. Patent and Trademark Office for an exclusive claim to the footlong sandwich for 12 years, likely to be renewed in perpetuity if approved. The applications were filed by the chain's parent company, Doctor's Associates, Inc.

Hensley's initial response: "Are you kidding me?"

Comments

[Califishing]

08:26 PM on 05/13/2010

Wait a minute. Subway sent the letter or their lawyers? In error?? Yea right.. Ok I put them on my boycott list...

[Ricardo01]

04:43 PM on 05/13/2010

Hey Subway! I got yer footlong, right here.

[TaiJi2]

01:05 PM on 05/13/2010

Okay, but I'm trademarking the letter 'E' (and 'e').

Just waiting for the royalties to start pouring in.

[jfair80]

09:55 AM on 05/13/2010

No Subway, "footlong" does not belong to you.

[nicnaz]

06:50 AM on 05/13/2010

Well, evidence will always prevent Subway from trademarking the use of the words "good" and "sandwiches" in the same sentence. Let them have the quantity-over-quality thing. They know their product is inferior to ANY privately owned sandwich shop so they need to cling to every crumb they can grab..

[synergyblayze]

10:57 PM on 05/12/2010

SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL SUPER BOWL
there... now THAT'S being a BADASS!

[DD2005]

09:53 PM on 05/12/2010

Does that mean my wife is going to have start paying royalties to Subway everytime she calls me now?

[nicnaz]

06:51 AM on 05/13/2010

Nice.

[studmoose]

09:25 PM on 05/12/2010

The movie "Bachelor Party" with Tom Hanks...

Mother: Is that the 'foot long'?

Chippendale: And then some!

[tjconkster]

08:56 PM on 05/12/2010

Guess I'll have to come up with a new name for my "special friend!"

[1logicalthinker]

09:09 PM on 05/12/2010

LOL! How 'bout "stretch." :)

[tjconkster]

07:09 AM on 05/13/2010

I like it! Well me & "stretch" will be heading off to work now...

[bostongreen]

07:48 AM on 05/13/2010

How about "limpy"? That probably describes your special friend more accurately.

[tjconkster]

09:13 AM on 05/13/2010

Ouch, now that's a low blow! Actually he works just fine and without performance enhancing drugs!

Just takes a little longer to re-load than it used too!

Lol

[Nelson Jacobsen]

08:31 PM on 05/12/2010

Insert footlong in own arse I hear is available too.

[hockeyfanphx]

08:27 PM on 05/12/2010

So dumb. Reminds me of when Paris Hilton tried to trademark "That's hot".

[GayIthacan]

08:25 PM on 05/12/2010

I understand their next legal battle will be with the U.S. Naval Department over use of the word 'sub'.

[1logicalthinker]

09:10 PM on 05/12/2010

Or the City of New York, over the word "subway." :)

[Mr-Larry]

08:00 PM on 05/12/2010

Whenever a company tries to copy write a piece of Americana like this, I have one simple solution. Stop buying from them. Yes, Subway (if you are reading this) your dick-wad move has cost you one more customer.

[studmoose]

09:26 PM on 05/12/2010

Same here!

[Cipo]

10:00 PM on 05/12/2010

Did you know that Time Warner (through a subsidiary) gets paid 10k every time "Happy Birthday" is sung on a TV or movie? They actually have a copyright on the song, "Happy Birthday." Don't you just love corporations? Monsanto is actively trying to patent the genes for.........pigs.

[andersonmr]

07:25 PM on 05/12/2010

we stopped eating their food years ago because their food is so generically tasteless. try some real deli meat alongside Subway tripe and you will see. the tomatoes are always more yellow than red..what a waste of time and money! they should have donated all the legal fees and stamps to charity. more reasons to boycott Subway now. U FAIL

[NormalAmericanMan]

11:05 PM on 05/13/2010

Boycott. Done.

[bryanzth]

07:02 PM on 05/12/2010

One more thing. Now I get it. This is what happens when a corporation hires contract labor (i.e. outsiders) to do a quickie. They don't know the business, they don't know the competition, and they don't know the good will involved in being a business in a neighborhood with Mom and Pops, long term residents and, well, just plain folks.

Me: A just plain folk who don't get the need for such shenanigans by Subway.

BZ.