The $23.95 glory of meat stuffed between two large potato pancakes that is the "Instant Heart Attack" sandwich (above) is at the heart of a lawsuit filed yesterday between the infamous 2nd Avenue Deli and the amusingly named Arizona joint the Heart Attack Grill (slogan: "taste worth dying for!"). When the six-year-old Grill threatened to sue the soon to expand New York institution earlier this year over its long-standing sandwich, as well as its plans to deploy a "Triple Bypass" sandwich, the Deli decided to just get the legal ball rolling themselves.
In papers filed in court the kosher eatery argues that there is "no likelihood of confusion" between the Arizona spot which "proudly serves unhealthy and overly caloric fare" where "provocatively dressed waitresses are called 'nurses.' Patrons are called 'patients' and are issued hospital writbands upon entering." To start, the two are separated by thousands of miles. But the differences go on and on.
The food sold, as well as the cliente served, could not be more different. [Heart Attack Grill]'s Triple Bypass Burger is more precisely a cheeseburger, and as such is decidedly not kosher and unsuitable for the 2nd Avenue Deli's customer base. Similarly, anyone looking for a milkshake, cheeseburger or French fries cooked in lard will not find them at the 2nd Avenue Deli.
Finally, the lawsuit, which is looking for a trial by jury (please, oh, please let there be taste tests!), makes the point that the 2nd Avenue Deli has been offering the "Instant Heart Attack" since before the Heart Attack Grill "even existed, much less used the trademark 'Heart Attack Grill' in commerce." Even if we weren't inclined to root for the home team, we think the Deli makes a good point.
Now, is anybody else really hungry?