Subway currently is running a $5 footlong campaign. Sheetz contended that the campaign was [image-nocss] not in violation of any trademark or copyright of Subway, but rather, it highlighted footlongs that Sheetz offers at a lower price than Subway and has since December 2006, Sheetz spokesperson Monica Jones told the newspaper.
Judge Claude M. Hilton of the U.S. District Court for the Eastern District of Virginia denied Subway's request after a hearing Friday, said the report.
Sheetz officials feel vindicated by the judge's ruling, Roberta Jacobs-Meadway, outside trademark counsel for Sheetz, told the paper. "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 [sandwiches] for $4," Jacobs-Meadway said. "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."
Added Jones: "The judge stated that the ads were not confusing toward customers of either establishment because the Sheetz ads clearly included the Sheetz logo."
Milford, Conn.-based Subway is the world's largest sub sandwich chain, with 30,591 locations in 87 countries, many in nontraditional locations such as convenience stores, gas stations, truckstops and travel centers. The company did not respond to a request by CSP Daily News for comments.
Altoona, Pa.-based Sheetz Inc. operates 351 convenience stores in six states.
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