Subway Can’t Claim Exclusivity Over Word ‘Sub’, ‘Suberb’ Not Phonetically Similar To 'Subway': Delhi High Court

Dismissing its prayer for interim injunction, the Delhi High Court has observed that Subway cannot claim any exclusivity over the word ‘Sub’, especially when used in the context of eateries serving submarine sandwiches.Justice C Hari Shankar ruled that the word "Sub" is "publici juris" when used in the context of eateries dealing with submarine sandwiches“No exclusivity can, therefore,. Dismissing its prayer for interim injunction, the Delhi High Court has observed that Subway cannot claim any exclusivity over the word ‘Sub’, especially when used in the context of eateries serving submarine sandwiches. It was also undertaken that the names of the sandwiches “Veggie Delicious” and “Sub on a club” will be changed to “Veg loaded regular” and “Torta Club.” Prima facie observing that no case of passing off goods and services of Subway is made out in the matter, the court said there is no likelihood of a person of average intelligence, who desires to partake food from a Subway outlet, walking into an outlet of the defendants. The court also said that the modifications carried out by the defendants in respect of the two marks concerning the sandwiches, “sets at rest” any allegation of infringement which could be levelled by Subway.