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

The Heart-Attack Sandwich Photo: Melissa Hom

On March 29, Arizonas Heart Attack Grill (where waitresses dressed as nurses famously give you free Quadruple Bypass Burgers if youre 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 thats already on its menu) doesnt 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 Defendants Triple Bypass Burger is more precisely a cheeseburger, and as such is decidedly not kosher and unsuitable for the 2nd Ave Delis 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]