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The First Round Goes To 2nd Avenue Deli

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Deli Sandwich

The meat-stuffed pancake sandwich, marketed by 2nd Avenue Deli has won its name and also the right to be served at Deli restaurants in the country. The Deli was fighting a court case in which a Las Vegas restaurant had claimed that the name of the sandwich, “Instant Heart Attack Sandwich,” was stolen from its menu. The judge finally dismissed the claim this week and now the sandwich will be sold under the same name.



What’s In A Name?

Well, Shakespeare may not have been aware of the nitty-gritty of it all but, as is evident, in the fast food business, everything lies in the name only. That’s why, “The Heart Attack Grill” had sued the 2nd Avenue Deli in May 2011 for stealing its name for the meat-infused sandwich. The Grill, which started out in Phoenix, is now based only in Vegas, with a sole restaurant to its name. In its statement, the restaurant had accused the Deli of stealing the product name from its menu. The Grill said, “We believe you copied Heart Attack Grill’s family of medically themed food items. You may remember the time when one of the burgers of the Grill sent a woman customer to hospital with a heart attack of her own. Such is the calorific value of its products. So, it is only natural that the restaurant defends its medically-named products very fiercely. But, as the judge found out, in case of the Deli, there was no stealing of the name



The Deli Sandwich

Forget about the Fatburger menu , coz things are going to get really fatty with the “Instant Heart Attack sandwich.” This sandwich is sold with a $23.95 price tag, which is justified by the meat stuffed between, not two buns, but two large potato pancakes. Yes! That is what goes into the making of an instant heart attack. In its argument, filed in response to the lawsuit by the Grill, the Deli denied any “likelihood of confusion.”



The Judgment

While dismissing the Grill’s claim, the judge said, “The deli, by contrast, is a kosher deli which serves kosher food in the style of a traditional Manhattan deli. Its market does not remotely resemble that of HAG (Heart Attack Grill).” After the judgment, the Deli was, obviously, ecstatic as it declared, “We feel that we’ve been vindicated. We’re doing what we’ve always done, what we do best, selling sandwiches.” In fact, so upbeat is the Deli from the judgment that it is now planning to unleash an even more unhealthy creation, “Triple Bypass sandwich”, which will be sliced deli meat (pastrami, corned beef, salami or turkey), and three latkes.



The “Triple Bypass” will be sold for $34.95, which means the “Instant Heart Attack” will have some serious competition.


Image Courtesy: gothamist

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The First Round Goes To 2nd Avenue Deli