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Heart attack sandwich bypasses legal trouble

By Julia Davis,

Everybody knows that the Big Apple isn’t necessarily a health food mecca. In fact, New Yorkers can even order up a heart attack on a plate.

New York’s Second Avenue Deli won out in a court battle with a Las Vegas-based burger bar on Friday, allowing the restaurant to continue serving up its artery-clogging fare.

According to The Associated Press , The Heart Attack Grill in Vegas had ordered the New York deli to stop serving the sandwich, arguing that it was trademark infringement.

“We believe you copied Heart Attack Grill's family of medically themed food items, including its 'BYPASS' trademarks,” the restaurant said in its cease and desist letter.

Jack Lebewhol, a member of the family that owns the deli, sued claiming that the 2nd Avenue deli had begun selling the sandwich before the Heart Attack Grill opened for business.

In his ruling, Judge Paul Engelmayer sided with the New York chain. He also gave the restaurant the green light to sell its signature “triple bypass” sandwich. He did, however, prohibit the deli from advertising the sandwiches outside of Manhattan.

Jack’s son Jeremy Lebewohl was delighted about the ruling. “We feel that we’ve been vindicated,” he told The New York Daily News. “We’re doing what we’ve always done, what we do best, selling sandwiches.”

What exactly is a “heart attack on a plate” anyway? The sandwich consists of all the deli’s classic cold cuts on three potato latkes. Clocking in at 804 calories and $24.95, it’ll put weight on your hips while it lightens you wallet.

 

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