The NY Times reported yesterday that Subway is suing Quiznos and SpikeTV/iFilm for financial and punitive damages resulting from a consumer generated video contest. The theme of the contest is Quiznos vs Subway. Harmless enough you’d think, considering the history of advertising rivalries such as the Pepsi challenge and others. I watched a bunch of the videos – some are funny, most are amateurish and some are boring. I certainly didn’t feel Quiznos was going over the top or doing anything worse than any other brand comparing their products to that of their competitors (and in the spirit of the political season, need i say more about political below-the-belt slugging in ads). What in fact is the difference between this and the Pepsi challenge? Apparently the execs and lawyers for Subway felt otherwise.
An example of one of the entries:
Quiznos vs. Subway Medical Challenge!
Ultimately the digital world will have our eyes on this case as it gets to trial one day, because there are some interesting and possibly scary presidents that can be set regarding CGM and how marketers influence and guide it. I’d be surprised if this case results in anything but happy lawyers on both sides and a ruling for Quiznos. Come on Subway – get creative and stop whining!