Heart Attack Grill Loses Naming Fight with New York Deli
Judge rules that there's little chance of confusion between cheeseburger and latke pileup
For once the Heart Attack Grill in Las Vegas is in the news for something other than one of its customers having an actual, real-life heart attack in the restaurant. The burger restaurant attempted to stop New York's 2nd Avenue Deli from selling its own heart attack-themed sandwiches, but a federal judge has ruled in favor of the deli.
The 2nd Avenue Deli's "Instant Heart Attack" sandwich consists of two potato pancakes stuffed with massive amounts of pastrami, corned beef, salami, or turkey for $24.95.
Reuters reports that Judge Paul Engelmayer said there was little risk of confusion between the kosher deli's enormous sandwiches and anything from the Heart Attack Grill, which serves giant cheeseburgers like the Triple Bypass and french fries cooked in lard. He also made note of the fact that the 2nd Avenue Deli is kosher, and as such does not serve sandwiches with both meat and cheese the way Heart Attack Grill does.
"I'm really happy that we were vindicated," remarked deli co-owner Joshua Lebewohl, who said the deli's customers were the true victors.
The judge also ruled that the 2nd Avenue Deli could use the phrase "triple bypass," so the Triple Bypass version of the Instant Heart Attack sandwich was set to go on sale Friday for $34.95. That one includes three potato pancakes.