Casey's General Stores of Ankeny, which has 1,600 locations in the Midwest, is challenging Subway for the right to use "footlong" on its signs and menus, the Des Moines (Iowa) Register reported Monday.
Valerie Pochron, a lawyer for Subway, which has 34,000 locations in 93 countries, sent Casey's a letter three weeks ago asserting rights to the "footlong" term.
"Additionally, the offers of soup and pizza, as well as the design of the advertising offers, are all designed to create confusion to the average consumer," Pochron wrote.
The lawsuit is asking the judge to rule "footlong" is a generic term that does not violate Subway's trademark. The suit also seeks unspecified damages for the "frivolous" claims made by Subway.
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