Patent Dispute, New Hampshire Style
Filed under: Legal, New Hampshire
I know copyright law is a burning issue on many people’s minds. 
Here’s a concrete example of how the current copyright system is broken.
A sub shop in Derry is trying to claim a common staple of New England takeout menus as its own.
It seems that just about any restaurant that has a steak and cheese sub on the menu also has a “steak bomb,” a variation loaded with extras, such as green peppers, onions and salami.
Who hasn’t seen a “steak bomb” on any New Hampshire or New England pizza places?
But USA Subs of Derry is trying to expand. Because the steak bomb has been its No. 1 seller for years, owners decided to put their stamp on it by getting a trademark on the sandwich.
Another sub shop, Great America Subs in neighboring Londonderry, found out about the trademark in a letter from USA Subs’ lawyer.
“Apparently, USA Subs in Derry went and had the word ’steak bomb’ trademarked with the U.S. Patent Office, and I got a letter demanding that I immediately take it off my menu,” said Timothy Ferris, owner of Great America Subs.
And that’s a problem with there being only one office in Washington DC to handle all these sorts of issues. I’m sure this is a problem all across the country. Copyright and patent law is expensive and unless there’s an issue that directly affects an industry, all sorts of copyrights and patents are issued without any challenge. It’s a problem in the software industry and many others.
But here’s the real problem. Someone taking a common, though regional item and slapping a copyright on it. It just shouldn’t happen.
Kuceris said he’s concerned about advertising by his competitor, saying that Great America Subs is claiming to be the “home of the steak bomb.”
What small joint doesn’t advertise like that? Do you know how many “world famous” roast beef joints there are in Revere Mass? To complain about advertising like that is like complaining that there is any advertising. It’s a fairly common tactic.
“If I took the word off my menu, I don’t know if next time, someone could go and trademark Italian sub or ham and cheese sub. Then I’d have to take that off my menu,” Ferris said. “It just seem awful petty.”
And that’s really the issue. Trademarking common names and then using them like a hammer to get what you want. I’m pretty sure that’s not how the system was set up to work.
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August 31st, 2007 at 8:20 am
The owner of USA subs should be ashamed of himself. Whats next is he going to trademark an italian sub or a B.L.T. And if he is going to harass one sub shop to take it off their menu, then they should also target the thousands of other sub shops across new england who also sell “steakbombs” I have been a customer of both sub shops over the years, And i’ll tell you this. Great America has the best Steakbomb I have ever had. Maybe they should get trademark rights.
August 31st, 2007 at 11:01 am
They could charge every sub shop that sells a Steakbomb® $100 license fee per year… He wouldn’t need to sell another sub again.
September 3rd, 2007 at 11:36 pm
USA SUBS was planning on franchising?? Well I guess this ends any chance of that. Everyone I know is boycotting them after this ridiculous stunt. Could you imagine being a franchise owner of a company that jeopardizes its franchisees, just for the sake of being arrogant…
September 4th, 2007 at 7:59 am
It’s amusing to see a local business step in the patent mindfields. Typically it’s software companies that have patent/copyright problems.
I’m not sure how much this will affect their franchising, but it’s going to make some lawyer for a prospective franchiser start asking questions. Even if it doesn’t have an effect on potential investors, it’s gotta suck for the local business.
I mean, you can’t use steak bomb?
September 5th, 2007 at 11:38 pm
When I first read this story I thought it was a joke. The ownership at USA Subs is obviously misguided. Enforcing a trademark on a generic term like “Steak Bomb”?? How can they legally claim ownership of a sandwich that has been sold all over New England long before they were even in business??? They obviously copied the term “Steak Bomb” from another subshop to start out with. It takes more to operate a successful franchise than simply good food, and I can say with confidence that any franchise owner that makes foolish decisions like this isn’t qualified to lead any franchise.
September 7th, 2007 at 1:17 pm
I have been the driving force behind many business ventures over my 30 plus years in the business field and have never come accross something so ridiculous as the claim that USA Subs in Derry is trying to pull on the USPO. It would be one thing to try to “steak” claim the a word or term, but to only enforce it against one sandwich shop that isn’t even in the same zip code. This story intrigued me from the start and I have researched the publications that have been available over the last couple of weeks. There is something in business called, business ETHICS and it is clear that Mr. Kucires lacks this a great deal. I find it quite interesting that Mr. Kucires makes a point of stating that due to the fact that Great America hasn’t been in business nearly as long as he has, then Great America should not call themselves home of the world famous Steak Bomb. I am one of the old timers that remember when The Ice Cream Factory was in the building that USA Subs occupies now and my memory tells me that D’angelos Sandwich shop was in business and serving Steak Bombs long before USA Subs entered into business. How can a potential franchise owner feel comfortable entering into a contract to become a franchise of USA Subs when he might potentially have to deal with a petty dispute of the same nature that Great America is dealing with currently? It is obvious that Mr. Kuceris lacks the reasonable business skills to guide and develop a national franchise company. Either Mr. Kuceris has too much time on his hands or has a personal vendetta against Mr. Ferris. Possibly this vendetta stems from the fact that Great America Subs was purchased from USA Subs back in 1998 and has been more successful than USA Subs was when they occupied the same location. Maybe Great America should decide to go national and franchise off their name aswell.