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Subway vs. Quizno: The end of user-generated marketing campaigns?

The blogosphere is ablaze from a New York Times article last week about Subway's lawsuit against Quiznos.

To fill you in, in August 2006, Denver-based Quiznos launched a user-generated marketing contest, prompting the public to create homemade commercials attacking its top rival, Milford, Conn.-based Subway Restaurants.

Over 100 customers submitted their spots to a special site, MeatNoMeat.com. The winning ad’s creators won a $10,000 prize, and their ad was shown on VH1. Subway wasn’t too thrilled. It sued Quiznos and iFilm, the now-defunct Viacom-owned video-sharing site that co-sponsored the contest, in October 2006. The lawsuit essentially says Quiznos infringed upon Subway's trademark: its sandwich.

The case is scheduled to go to trial in 2009 in a U.S. District Court in Connecticut, but if the court rules in favor of Subway, it could be the end of user-generated marketing ploys like this.

What do you think? Are you guys worried about this?

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Comments

Seriously?

How can you sue over a sandwich? Better yet how can you claim "the sandwich" as your trademark? Besides, Subway's sandwiches are horrible compared to Quiznos.

This doesn't worry me. I think there will still be user-generated marketing strategies like this. Just check with lawyers and make sure you are on the level.

Sinister -

I'm sure some would disagree. There's an idea: Marketing News Sandwich Wars.

I like it!

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