User:The C of E/lvhag

Lebewohl et al v. Heart Attack Grill LLC et al 11-03153 is a United States District Court for the Southern District of New York trademark infringement case between the owners of Second Avenue Deli in New York City and the Heart Attack Grill in Las Vegas, Nevada. It came after Second Avenue Deli created a "Heart Attack Sandwich" and "Triple Bypass Sandwich" which Heart Attack Grill argued infringed their trademark. The judge ruled in the case that the Deli could use the "Triple Bypass" anywhere on their restaurants in Manhattan and could only use "Heart Attack Sandwich" inside their restaurants and on menus.

Background
Second Avenue Deli was known for its association with New York's Jewish community. In 2004, it produced a kosher sandwich called the "Heart Attack Sandwich". In 2005, the Heart Attack Grill was established in Las Vegas. In 2011, the grill sent a cease and desist letter to the deli following reports they were going to release a "Triple Bypass Sandwich". This came after the United States Patent and Trademark Office had denied the official registration of the trademark due to a risk of confusion with the grill. The Deli sued to protect their sandwich names. They argued that they had used the "Heart Attack" name before the grill was established and the two customer bases were sufficiently distinct as the deli's was mostly Jewish and the grill was not kosher. The grill counter-sued on the grounds of dilution and argued for the deli to not be able to register trademarks.

The two sides attended court for oral arguments and the grill offered to drop its counter-claims provided the deli kept its trademarks local only.

Judgement
The court ruled that the deli could continue to use its "Heart Attack Sandwich" trademark at all current and future resteraunts within Manhattan as well as in external advertising. However, the court ruled that the "Triple Bypass Sandwich" could only be used within the restaurants on menus only.