NY Deli to Continue Selling Kosher 'Heart-Attack' Sandwiches
U.S. District Court Judge in Manhattan ruled on Thursday
that the 2nd Avenue Deli may keep selling its "Instant Heart Attack"
sandwich and other cardiac-themed meals, noting clear differences between the
deli and the Heart Attack Grill.
The 2nd Avenue Deli's potato pancake- and meat-based
sandwiches pose little risk of being confused with the Heart Attack Grill,
which sells giant cheeseburgers and fries cooked in lard, U.S. District Court
Judge Paul Engelmayer ruled.
In May 2011, the Heart Attack Grill warned the 2nd Avenue
Deli to cease serving its Instant Heart Attack Sandwich or be hauled into court
for trademark violation.
Engelmayer said "it is safe to say" even
unsophisticated customers could readily differentiate between a Manhattan
kosher deli selling latke-based sandwiches and a medically-themed Las Vegas
restaurant selling "gluttonous" cheeseburgers.
The judge also noted that the 2nd Avenue Deli, being
kosher, cannot serve sandwiches that include both meat and cheese, such as the
Triple Bypass burger.
The Heart Attack Grill had conceded during the litigation
that the New York deli could be entitled to "limited" use of the
disputed names. Engelmayer limited the 2nd Avenue Deli's use of the disputed
names to restaurants in Manhattan.
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