NY Deli to Continue Selling Kosher ´Heart-Attack´ Sandwiches (INN) ISRAEL NATIONAL NEWS) By Rachel Hirshfeld 07/09/12)
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A 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. (IsraelNationalNews © 2012
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