‘Instant Heart Attack’ Sandwich OK’d By Judge: NYC’s 2nd Avenue Deli Wins Ruling Over Heart Attack Grill


Billy Joel – Movin’ Out (Music Video) (w/Lyrics)

NEW YORK, July 6 (Reuters) – In the battle of the “latke” versus the cheeseburger, a federal judge has let it be known that the two cannot be confused.
A famed New York City kosher deli    beat back a challenge from the Heart Attack Grill of Las Vegas over its naming of cardiac-themed concoctions.
A federal judge in Manhattan ruled on Thursday that the 2nd Avenue Deli may keep selling its “Instant Heart Attack” sandwich and launch a “Triple Bypass” version, 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 customer confusion with the Heart Attack Grill, which sells giant cheeseburgers and fries cooked in lard, U.S. District Court Judge Paul Engelmayer said.
The decision is a victory for the 2nd Avenue Deli, which under the threat of litigation in May 2011 had sought a ruling that it did not infringe any Heart Attack Grill trademarks.
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 2nd Avenue Deli’s $24.95 sandwich consists of two potato pancakes, known as latkes, stuffed with corned beef, pastrami, salami or turkey.
“I’m really happy that we were vindicated,” said Joshua Lebewohl, co-owner of the 2nd Avenue Deli. “This is a fight that was not of our choosing, and our customers are the true victors.”
Following the court decision, he said the Triple Bypass, including three latkes, was to go on sale on Friday for $34.95.
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.
In a statement, the Heart Attack Grill said the decision confirms that it can retain “unbridled use of its trademarks throughout the entire United States.”
Lebewohl said his late uncle Abe, who established the 2nd Avenue Deli in 1954 and whose 1996 murder remains unsolved, came up with the idea for the Instant Heart Attack.
*The case is Lebewohl et al v. Heart Attack Grill LLC et al, U.S. District Court, Southern District of New York, No. 11-03153. (Reporting By Jonathan Stempel in New York; Editing by Martha Graybow and Leslie Adler)



File:Movable shelving at The National Archives.jpg


36 comments on “‘Instant Heart Attack’ Sandwich OK’d By Judge: NYC’s 2nd Avenue Deli Wins Ruling Over Heart Attack Grill

  1. Does your website have a contact page? I’m having problems locating it but, I’d like to send you an e-mail.
    I’ve got some ideas for your blog you might be interested
    in hearing. Either way, great site and I look forward to seeing it grow over time.


  2. Hmm it seems like your website ate my first comment (it was super long) so I
    guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog.

    I as well am an aspiring blog blogger but I’m still new
    to the whole thing. Do you have any suggestions for newbie blog
    writers? I’d really appreciate it.


  3. facebook.com says:

    Hi there, just became aware of your blog through Google, and found that
    it’s truly informative. I’m gonna watch out for brussels.
    I’ll appreciate if you continue this in future. Lots of people will be benefited from your writing.


  4. Hey there just wanted to give you a brief heads up
    and let you know a few of the pictures aren’t loading properly.
    I’m not sure why but I think its a linking issue.
    I’ve tried it in two different internet browsers and both show the same results.


  5. magnificent submit, very informative. I’m wondering
    why the other specialists of this sector don’t notice this.
    You must continue your writing. I’m sure,
    you’ve a great readers’ base already!


  6. you’re actually a good webmaster. The site loading pace is amazing.
    It seems that you’re doing any unique trick. Moreover, The contents are masterpiece.
    you’ve performed a excellent process on this matter!


  7. I am actually grateful to the owner of this web page who has
    shared this wonderful post at at this place.


  8. Jared says:

    I really like what you guys tend to be up too. This type of clever work and reporting!
    Keep up the terrific works guys I’ve inclouded you guys to my perrsonal blogroll.


  9. http://www.wspa.com says:

    My brother suggested I may like this website. He used to be totally right.
    This publish actually made my day. You can not consider simply how so much time I had spent for this information! Thank you!


  10. Venus says:

    Attractive sectioon of content. I just stumbled upon your website and in accession capital to claim that I
    get in fact enjoyed account your blog posts. Anyy way I’ll be subscribing in your augment and even I success you
    access constantly rapidly.


  11. Zachary says:

    I don’t even know how I ended up here, but I thought this post was good.
    I do not know who you are but certainly you are going to a famous blogger if you
    are not already 😉 Cheers!


  12. free cell phone spyware says:

    Hi, I do think this is a great website. I stumbledupon it 😉 I may revisit once again since I
    book-marked it. Money and freedom is the best way to change, may you
    be rich and continue to guide other people.


  13. For newest news you have to pay a visit world wide web
    and on web I found this site as a finest web site for most recent updates.


  14. EU business school says:

    My partner and I absolutely love your blog and find
    the majority of your post’s to be just what I’m looking for.
    can you offer guest writers to write content for you personally?
    I wouldn’t mind composing a post or elaborating on some of the subjects you
    write regarding here. Again, awesome weblog!


  15. Delila says:

    This is a really good tip especially to those fresh to the blogosphere.

    Brief but very precise information Thank you for sharing this one.
    A must read post!


  16. Bess says:

    Thanks for some other informative site. Where else may I get that type of information written in such a perfect method?
    I’ve a project that I’m just now running on, and I have been at the look
    out for such info.


  17. Temporary Management says:

    Hi, I do believe this is an excellent site. I stumbledupon it 😉 I’m going to rebisit yet again since i have saved as
    a favorite it. Money and freedom is the greatest way to change,
    may you be rich and continue to help others.


  18. corporate finance says:

    I’ve been exploring for a bit for any high quality articles or blog posts on this sort of house
    . Exploring in Yahoo I finally sstumbled upon this site.
    Studying this information So i am happy to express that I have a very good uncanny
    feeling I found out just what I needed. I such a lot indisputably will make sure to do not forget this web site and give it a glance on a continuing basis.


  19. cheap steroids mexico says:

    Wow, amazing blog layout! Howw long have you been blogging for?
    you made blpgging look easy. The overall look of your website
    is wonderful, let apone the content!


  20. lighting systems says:

    Wow! After all I got a webpage from where I know how to truly get
    valuable information concerning my study and knowledge.


  21. McDavid says:

    Excellen website. Lots of useful information here.
    I’m sending it to soome friends ans also sharing in delicious.
    And naturally, thanks for your sweat!


  22. paid marketing surveys says:

    I’mnot hat much of a online reader to be honest but yoour sites really nice, keep it up!
    I’ll go ahead andd bookmark your website to
    come back later. Many thanks


  23. machine liker token says:

    Starting CPAP customers are prone to experience
    these symptoms when first using the machine.


  24. I am now not positive where you are getting yyour info, however good topic.

    Imust spend some time learning much more or
    understanding more. Thank you for magnificent information I was on the lookout for this information foor
    my mission.


  25. decorate says:

    I am regular reader, how are you everybody?
    This paragraph posted at this web page is really pleasant.


  26. kvcwines says:

    Your style is unique in comparison to other people I have read stuff from.

    Thank you for posting when you’ve got the opportunity,
    Guess I will just book mark this site.


  27. Pakar Seo says:

    I like thee helpful information you provide on your articles.

    I will bookmark your blog and take a look at once more here regularly.
    I’m reasonably sure I will be told plenty
    of new stuff right right here! Bestt of luck for the


  28. Have you ever thought about adding a little bit more than just your articles?
    I mean, what you say is valuable and all. However imagine if
    you added some great photos or videos to give your posts more, “pop”!
    Your content is excellent but with pics and video clips, this website could certainly be one of the best in its field.

    Amazing blog!


  29. YG says:

    I don’t even understand how I finished up here, but I thought this publish was good.
    I don’t know who you’re but definitely you’re going to a famous
    blogger if you happen to are not already.


  30. SX says:

    Howdy! This is kind of off topic but I need some help from an established blog.
    Is it tough to set up your own blog? I’m not very techincal but I can figure things out pretty quick.
    I’m thinking about creating my own but I’m not sure
    where to begin. Do you have any points or suggestions?
    With thanks


  31. How come at this time there zero much more a lot of these websites? Your content are perfect and get to themes or templates, that are unable to always be recognized all over the place. Please continue penning this sort of fantastic materials, it could be absolutely important. The net can be full of incredible waste, seeing that A single will be delighted when you learn anything. Exactly why typically are not there a lot more? Commonly do not abandon me dangling!


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s