A Virginia federal judge has denied Subway’s request for a temporary restraining order and preliminary injunction to stop Sheetz from promoting its $4 footlong campaign, The Altoona Mirror reported.
Subway officials sent a letter dated Jan. 22 to Sheetz requesting that the Altoona-based company cease and desist its campaign. Subway claimed the advertising was in violation of the Subway trademark and copyright laws and the Sheetz campaign was confusing to Subway customers, the newspaper reported.
Subway is running its own $5 footlong campaign.
Sheetz said its campaign was not in violation of any trademark or copyright of Subway, and said it highlighted footlongs that Sheetz offers at a lower price than Subway, Sheetz spokeswoman 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.
”The judge stated that the ads were not confusing toward customers of either establishment because the Sheetz ads clearly included the Sheetz logo,” Jones said.