Manhattan deli can keep its “heart attack” sandwiches

Las Vegas-based Heart Attack Grill claimed menu items infringed its trademarks

New Yorkers who enjoy scarfing down massive calorie-laden sandwiches at a famous local kosher deli can rejoice.

Manhattan’s well-known 2nd Ave Deli sells a $25 culinary creation called the Instant Heart Attack Sandwich, which features layers upon layers of corned beef, pastrami, turkey or salami packed between two potato latkes. Last year, Las Vegas-based Heart Attack Grill threatened to sue the New York deli over the Instant Heart Attack as well as a new sandwich called the Triple Bypass Sandwich that was in the works at the time. According to the Nevada restaurant’s cease-and-desist letter, the New York establishment’s sandwiches infringed its trademarks for its various heart attack-themed burgers, including the Quadruple Bypass Burger, which features four half-pound beef patties, eight slices of American cheese, a whole tomato and half an onion.

But on Friday, U.S. District Judge Paul A. Engelmayer said there were enough differences between the two restaurants’ menu items. He gave 2nd Ave Deli the OK to continue selling its Instant Heart Attack sandwich at current and future Manhattan locations, and he also said the deli can advertise the sandwich on its signage. However, he said, the deli can’t advertise the Instant Heart Attack sandwich at non-Manhattan locations and can only reference the new Triple Bypass Sandwich on its menu, not on its signage, at current locations.

Additionally, Judge Engelmayer admonished the litigants about using the court system for such a dispute.

“In the event that future quarrels arise, the court strongly encourages the parties to eschew provocative cease-and-desist letters or precipitous lawsuits, and instead to work together to try to resolve their differences cooperatively,” he said.

Read Reuters and the Wall Street Journal for more details on the sandwich squabble.

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Reduce eDiscovery Costs and Risks through Email Disposition

Read this white paper to learn best practices on determining email retention periods with real...

Prepare for the Eventuality of eDiscovery Now and Reap the...

This report presents an overview of eDiscovery implementation challenges organizations may face as well as...

The Fastest and Most Cost-Effective Document Review Available!

Recommind's Predictive Coding is the market's only solution that allows clients the option of reviewing...

Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

View All »

Advertisement. Closing in 15 seconds.