2nd Avenue Deli Fights for the Right to Serve ‘Triple Bypass Sandwich’

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The Heart-Attack Sandwich Photo: Melissa Hom

On March 29, Arizona’s Heart Attack Grill (where waitresses dressed as nurses famously give you free Quadruple Bypass Burgers if you’re over 350 pounds) sent a letter to the 2nd Avenue Deli, alleging that it was violating their “Triple Bypass Burger” trademark by planning to serve a “Triple Bypass Sandwich.” Anticipating a lawsuit, the 2nd Avenue Deli has filed a complaint asking a judge to issue a declaratory judgment stating that the Triple Bypass Sandwich (along with the “Instant Heart-Attack Sandwich” that’s already on its menu) doesn’t violate any trademarks.

The 2nd Avenue Deli claims that it started serving the Heart-Attack Sandwich before the Heart Attack Grill opened in 2005 (the sandwich, which consists of meat between latkes, is said to have hit the menu in 2004). “The food sold [at the restaurants], as well as the clientele served could not be more different,” reads the complaint. “The Defendant’s Triple Bypass Burger is more precisely a cheeseburger, and as such is decidedly not kosher and unsuitable for the 2nd Ave Deli’s customer base. Similarly, anyone looking for a milkshake, cheeseburger, or French fries cooked in lard will not find them at the 2nd Ave Deli.” Take a look at the papers filed today — this one is way more entertaining than the Gotham 50 vs. Gotham Bar & Grill case. And obviously Adam Richman needs to be the one to settle it.

Jeremy Lebewohl v. Heart Attack Grill [PDF]