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Intellectual Property Law

Famed NY Deli Sues re Coronary-Causing Cuisine, Says Ariz Upstart Doesn’t Control High-Cal Schtick

Posted May 10, 2011 7:51 PM CDT
By Martha Neil

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After receiving a cease-and-desist letter from an Arizona eatery that specializes in food that has a "taste worth dying for," the owners of a famous New York deli decided that the Heart Attack Grill had a lot of chutzpah to complain about their Triple Bypass Sandwich.

They have now filed suit in federal court in Manhattan, apparently seeking a declaratory judgment that the Second Avenue Deli is not infringing on the other restaurant's brand, according to the New York Post.

"The defendant's Triple Bypass Burger is more precisely a cheeseburger, and as such is decidedly not kosher and unsuitable for the Second Avenue Deli's customer base," the deli's complaint contends. "Similarly, anyone looking for a milkshake, cheeseburger or French fries cooked in lard will not find them at the Second Avenue Deli."

It also says it was selling its own Triple Bypass Sandwich before the Heart Attack Grill existed.

A lawyer for the defendant didn't respond to the newspaper's request for comment.

Hat tip: Associated Press.

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