Warm up the defibrillator, the Instant Heart Attack Sandwich has life at New York’s 2nd Avenue Deli.
A U.S. District Court Judge in Manhattan ruled late last week that the sandwich cannot be confused with the Heart Attack Grill in Las Vegas and thus the deli can keep the sandwich — two latkes stuffed with corned beef, pastrami, salami or turkey — on the menu.
Judge Paul Engelmayer also said the deli can introduce the Triple Bypass sandwich — three stuffed latkes — noting that it would not be confused with one from the Heart Attack Grill, which sells giant cheeseburgers.
The deli is limited to using the names only in Manhattan.
In May 2011, the Heart Attack Grill warned the 2nd Avenue Deli to cease serving its Instant Heart Attack Sandwich or be hauled into court for trademark violation.