Cannot claim monopoly on the term 'sub', Delhi High Court tells Subway

Delhi High Court said the term 'sub' is used widely by eateries for submarine sandwiches

The Delhi High Court has refused to restrain the sale of sandwiches under the name "Suberb" by a Delhi-based outlet, saying the global restaurant chain Subway cannot claim monopoly over the term "sub". The term, it said, was used widely by eateries for submarine sandwiches.

Justice C Hari Shankar, while hearing the lawsuit by Subway IP LLC on Monday, said "Subway" and "Suberb", when used in the context of eateries serving submarine sandwiches, were not "deceptively similar" and their lettering, font and appearance were also easily distinguishable from each other.
 

Rejecting Subway's plea for interim injunction against the Delhi-based outlet,