We've all heard Subway's incessant commercials touting its $5 footlong sandwiches. The jingle is catchy for some, quite annoying for others.
Well now Subway has something to be upset about.
A Virginia federal judge has just denied its request for a temporary restraining order and preliminary injunction to stop Sheetz Inc. from promoting its $4 footlong campaign, the Altoona Mirror reports.
Subway officials sent a letter to Sheetz in late January, requesting that the Altoona-based company cease and desist its campaign.
Subway claimed the Sheetz ad violated the Subway trademark and copyright laws and also confused Subway customers.
Sheetz says their campaign was not in violation of any trademark or copyright of Subway, the Altoona Mirror reports. The company just wanted to promote its new $4 deal.
In fact, a judge said Sheetz ads should not be confusing to Subway customers because the Sheetz ads clearly show their logo, the Pennsylvania newspaper reports. After a hearing Friday, Judge Claude M. Hilton of the U.S. District Court for the Eastern District of Virginia denied Subway's request.
Sheetz officials told the newspaper they feel vindicated by the judge's ruling, said Roberta Jacobs-Meadway, outside trademark counsel for Sheetz Inc.
"We viewed the Sheetz campaign as being extremely appropriate and not intended to cause any confusion. There is another company selling sandwiches for $5, and Sheetz is selling theirs for $4," Jacobs-Meadway told the newspaper. "It is very easy to differentiate. The Sheetz sign is very well defined as to what product you are getting and who you are getting it from."