Exclusivity over “Sub”: Subway v. Suberb

One of the world’s largest restaurant brands serving customizable and signature sandwiches, wraps and salads – “Subway”, recently filed an infringement suit against Delhi-based fastfood shop “Suberb”. The suit alleged that the Defendant’s brand name and logo “Suberb”, which is represented in the color scheme of yellow and green is identical to their mark “Subway”. It was also alleged that many of the names of Suberb’s sandwiches, signage, décor, menu cards, napkins, staff uniforms, photographs and wall art in the outlets were identical to that of the Plaintiff. While the Defendant has made the effort to change the color combination, names of its sandwiches, and modify their outlets, the Plaintiff filed for an interim injunction again.

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