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An Arizona restaurant trademark suit against the 2nd Ave Deli's "Instant Heart Attack Sandwich" is full of baloney, according to a federal lawsuit Tuesday.
The Heart Attack Grill, which "proudly serves unhealthy and excessive calorie dishes like burgers, fries cooked in lard," claims in a letter that the famous New York Deli won his idea for the sandwich and a planned "Triple Bypass Sandwich."
The 2nd Ave Deli, fought back with a lawsuit asking a federal judge to declare that no copyright infringement.
The New York Deli says it's her version of the sandwich-home sales - of two large potato pancakes (latkes) served with a choice of corned beef, pastrami, turkey, or salami piled high - since 2004, while the Arizona eatery is only Open since 2005.
The Phoenix-based grill, which actually sells stacks of cheeseburgers is definitely not kosher and suitable for the customer base 2nd Ave Deli, Deli according to the press release titled "Kiss My Tuchas."
"There is no way that the" Instant Heart Attack Sandwich "could be confused with the" Triple Bypass Burger "said Jeremy Lebewohl, whose uncle, Abe Lebewhohl, founded the delicacies.
The Heart Attack Grill, which is a single, double, triple and quadruple bypass burgers functions, threatened to sue in a letter to the deli, also known as "Uncle Abies," on March 29.
"We believe that you copied Heart Attack Grill family of medically themed food, including the bypass brands," the letter said in part. "While copying is the highest form of flattery, in the case of Uncle Abies, Copy the Heart Attack Grill is a trademark violation of federal trademark law. "
Yesterday lawsuit brought by the 2nd Ave Deli, now located on 33rd Street between Third and Lexington Avenue, requesting a judge to declare any infringement and unspecified court costs.
Heart Attack Grill Quadruple Bypass Burger
Four beef burgers piled high
Eight slices of cheese
Purchase with "Flatliner Fries" fried in pure lard
2nd Ave Deli Sandwich's Heart Attack
Two large potato pancakes (latkes)
Choice of corned beef, pastrami, turkey, or salami
Purchase with matzo ball soup
The Heart Attack Grill, which "proudly serves unhealthy and excessive calorie dishes like burgers, fries cooked in lard," claims in a letter that the famous New York Deli won his idea for the sandwich and a planned "Triple Bypass Sandwich."
The 2nd Ave Deli, fought back with a lawsuit asking a federal judge to declare that no copyright infringement.
The New York Deli says it's her version of the sandwich-home sales - of two large potato pancakes (latkes) served with a choice of corned beef, pastrami, turkey, or salami piled high - since 2004, while the Arizona eatery is only Open since 2005.
The Phoenix-based grill, which actually sells stacks of cheeseburgers is definitely not kosher and suitable for the customer base 2nd Ave Deli, Deli according to the press release titled "Kiss My Tuchas."
"There is no way that the" Instant Heart Attack Sandwich "could be confused with the" Triple Bypass Burger "said Jeremy Lebewohl, whose uncle, Abe Lebewhohl, founded the delicacies.
The Heart Attack Grill, which is a single, double, triple and quadruple bypass burgers functions, threatened to sue in a letter to the deli, also known as "Uncle Abies," on March 29.
"We believe that you copied Heart Attack Grill family of medically themed food, including the bypass brands," the letter said in part. "While copying is the highest form of flattery, in the case of Uncle Abies, Copy the Heart Attack Grill is a trademark violation of federal trademark law. "
Yesterday lawsuit brought by the 2nd Ave Deli, now located on 33rd Street between Third and Lexington Avenue, requesting a judge to declare any infringement and unspecified court costs.
Heart Attack Grill Quadruple Bypass Burger
Four beef burgers piled high
Eight slices of cheese
Purchase with "Flatliner Fries" fried in pure lard
2nd Ave Deli Sandwich's Heart Attack
Two large potato pancakes (latkes)
Choice of corned beef, pastrami, turkey, or salami
Purchase with matzo ball soup
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