A New York City deli has own the legal right to sell a quadruple bypass sandwich at its eatery.
The owner of 2nd Ave Deli sued The Heart Attack Grill in Las Vegas after the Vegas restaurant sent the NYC deli a cease and desist letter citing trademark infringement.
In the letter the owner of the Las Vegas restaurant, which was once a Phoenix-based chain that has since been reduced to a sole restaurant in Vegas, accused the famed New York City eatery of stealing the names “Instant Heart Attack Sandwich,” and “Triple Bypass” sandwich.
“We believe you copied Heart Attack Grill’s family of medically themed food items, including its BYPASS trademarks,” the letter said.
Jeremy Lebewohl, the current owner of the 2nd Ave. Deli turned around and sued The Heart Attack Sandwich claiming that his eatery started selling the $24.95 “Triple Bypass” in 2004, one year before the Las Vegas restaurant opened.
Lebewohl said his father, Jack, started the sandwich by throwing “some meat on a couple of latkes and someone told him it looked like a heart attack on a plate.”
Last Friday, a Manhattan federal judge gave Lebewohl the green light to go ahead selling the sandwich 804-calorie sandwich, which consist of sliced pastrami and fried potato latkes, in the restaurant that sells kosher food.
The judge however did forbid the NYC deli selling or advertising the sandwiches outside of Manhattan.
The general manager of the Las Vegas restaurant, which puts waitresses in sexy nurse outfits and calls its customers patients, said the NYC deli’s lawsuit was a “sad attempt at self-promotion.”
The manager, Dr. Jon, said he and Lebewohl had reached “an amicable settlement back in 2011,” but the 2nd Ave. Deli “realized that they could get a lot of press if they filed suit against HAG, so they did.”
In case you were wondering what’s in a 3lbHAG BYPASS burger, here it is, 15 slices of bacon, three patties, cheese, tomatoes and onions. It has 9,982 calories.