This is an interesting suit - Subway v Quiznos. The suit concerns consumer generated Quiznos ads that Subway contends defame their sandwiches - particularly the quantity of meat on those sandwiches. Does Subway have a case? Is an "Italian BMT" a public figure? Can people trying to win a Quiznos prize have actual malice against a "meatball marinara?"
A second point - why do advocates of tort reform never discuss cases like this one?
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3 comments:
can all the burger chains start suing each other because they all claim to have the best burger or the biggest burger? i think this case should be thrown out immediately because the criteria is subjective, not objective. if one sandwich has more meat, could it be because the sandwich maker didn't like you, or is having a bad day? i've had subs from both chains and in my opnion quiznos does offer more meat, but it is just that...an opinion. it is a person's choice whether or not to send in a video saying the quiznos subs have more meat. quiznos isn't making anyone submit anything against their will.
I am not too sure Subway really has a case because a sandwich isnt really a person, therefore it can not really be subject to libel. So saying a certain Subway sandwich is smaller than a sandwich from Quiznos is just personal opinion. If Quiznos was claiming Subway's main ingredient was rat poison, then yeah there is a case there. But not when a customer is stating a personal opinion.
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