Original URL: http://www.theregister.co.uk/2007/01/25/subway_domain_dispute/
Subway sues ex-franchisee for trademark infringement
Chooses High Court over WIPO
Posted in Law, 25th January 2007 11:16 GMT
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Sarnie maker Subway is taking an former UK franchise holder to the High Court for copyright infringement over a website he has set up complaining about the way the multinational has treated him.
The company is seeking an injunction and up to £100,000 in damages. It claims the site - www.subwayuncovered.com [1] - infringes its trademarks.
Such disputes are usually taken to the World Intellectual Property Organisation (WIPO). But in recent cases, such as Ryanair's dispute [2] with the owner of Ryanaircampaign.org the WIPO has ruled that you can make limited use of trademarks in order to comment on a company.
The ex-franchisee's site states who the trademarks belong to, but does make various allegations against Subway.
Robert Moorhouse, the man behind the site, told The Register: "They're claiming trademark abuse and copyright infringement and want the case heard in the High Court rather than Leeds near where I live. I set up the website to give information to would-be franchishees that otherwise they would not get until after they had joined."
Moorhouse used to run a Subway store and is in dispute with the firm over payments relating to the transfer of leases and equipment costs.
The rules governing UK domains may change - domain register Nominet recently said [3] it feels current regulations are out of date.
Subway refused to comment on this story citing pending legal action. ®