Crowdsourced Ads May Not Be Protected by 47 USC 230–Subway v. Quiznos

8 03 2010

By Eric Goldman

Doctor’s Associates, Inc. v. QIP Holders LLC, 2010 WL 669870 (D. Conn. Feb. 19, 2010). My prior post on this case.

Today’s post involves subway sandwiches instead of burgers, but it turns out that subway sandwich restaurants’ competition over claims of having more meat is no less stiff. Quiznos kicked off the war in 2006 by launching a “double meat” line of sandwiches. Quiznos ran two TV ads comparing the meat in its sandwiches to Subway’s and set up a website soliciting individuals to make and submit their own comparative digital video ads. Subway was not amused and ultimately filed a seventh amended complaint (!) over Quiznos’ ad campaigns. (What a patient judge).


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