In a lawsuit filed last week in Kansas, Applebee’s International, Inc. accused the franchisor of Subway sandwich shops, Doctor’s Associates, Inc., of trademark infringement. Applebee’s claimed that Subway is infringing Applebee’s slogan “Eatin’ Right Never Tasted So Good.” According to the lawsuit, Applebee’s has been using the slogan since January 5 to market healthy menu options under a joint program with Weight Watchers. According to United States Patent and Trademark Office records, Applebee’s filed two trademark applications for the slogan in May 2004. Subway has not commented on the pending litigation, and the lawsuit does not indicate when Subway began using the slogan to promote its own menu.
Posted by franchiselawblog at September 29, 2004 06:31 PM