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Iconic Restaurant and Deli Battle Over Belly-Bulging Menu

The Heart Attack Grill files a claim alleging 2nd Ave Deli's Triple Bypass Sandwich infringes on its trademarked Triple Bypass Burger.

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Burger restaurant and deli battle over whether Triple Bypass Sandwich is a trademark infringementThe battle of the bulge is on. A complaint was filed in New York citing similar artery-clogging menu items between Scottsdale, Ariz., restaurant Heart Attack Grill and the famed 2nd Ave Deli in New York City. The deli is responding to an infringement claim by the burger restaurant, which alleges the deli's "Triple Bypass Sandwich" is a ripoff of its trademarked "Triple Bypass Burger."

The Heart Attack Grill has gained international fame for its medically themed dining room that rewards patrons who weigh more than 350 pounds with a complimentary Quadruple Bypass Burger. Opened in 2005, it primarily serves burgers, shakes and lard-fried french fries. Across the nation, 2nd Ave Deli is well-known as one of the remaining traditional kosher delis in New York City. Its "Instant Heart-Attack Sandwich," one of the sandwiches named in the claim, is a slew of pastrami layered between two potato pancakes. The deli states in the complaint that it has sold the "Instant Heart Attack Sandwich" since at least 2004 -- before the Heart Attack Grill opened -- and has made moves to trademark the up-and-coming "Triple Bypass Sandwich."

"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," notes the complaint, which goes on to compare the deli's esteemed history to the grill's scantily clad "nurse" waitresses, commenting that "anyone looking for a milkshake, cheeseburger or French Fries cooked in lard will not find them at the 2nd Ave Deli."

Although no lawsuit has been filed, both parties are sprinting to the trademark registration office.

Tags: 2nd Ave Deli, News, trademark infringement, Triple Bypass Burger, Triple Bypass lawsuit, Triple Bypass Sandwich

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