DES MOINES, Iowa (AP) - An Iowa convenience-store chain wants a
federal jury to rule that the term "footlong" belongs in the general English vocabulary and is not the special property of Subway and its 12-inch-long sub sandwiches.
Ankeny-based Casey's General stores filed a petition in U.S. District Court on Friday seeking a judgment that the term "footlong" is generic and violates nobody's trademark or patent, pending or otherwise.
A Subway lawyer wrote to Casey's about three weeks ago threatening legal action because Casey's describes sandwiches in some of its stores as "footlong."
Subway has used the phrase "$5 footlong" or "five-dollar footlong" at its 34,000 stories for years, and has a trademark request pending with the U.S. Patent Office.
Subway's lawyers haven't filed a response to the lawsuit.
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