2nd Avenue Deli Bites Back Against Ripoff Claim

By Tom Liddy on May 11, 2011 3:34pm 

The 2nd Avenue Deli is fighting back against an Arizona restaurant that reportedly accuses the famed kosher eatery of ripping off its sandwich names.
The 2nd Avenue Deli is fighting back against an Arizona restaurant that reportedly accuses the famed kosher eatery of ripping off its sandwich names.
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DNAinfo/Jennifer Glickel

By Tom Liddy

DNAinfo News Editor

MURRAY HILL - It's a beef to die for.

The 2nd Avenue Deli is fighting back against an Arizona burger joint that claims the artery-clogging eatery is ripping off its coronary-inducing creations.

The famed Murray Hill sandwich shop, at 33rd Street and Third Avenue, recently received a letter from the Heart Attack Grill accusing it of trademark infringement and threatening legal action, according to the New York Post

The food fight centers on the kosher deli's Instant Heart Attack Sandwich - a $24, gut-busting half-pound of deli meat stuffed between two potato pancakes — and a planned Triple Bypass Sandwich — three-quarters of a pound of meat and three potato pancakes, the report said.

Papers filed by the deli in Manhattan Federal Court say the two restaurants "could not be more different."

"The defendant's Triple Bypass Burger is more precisely a cheeseburger, and as such is decidedly not kosher and unsuitable for the Second Avenue Deli's customer base," the papers said, according to The Post.

"Similarly, anyone looking for a milkshake, cheeseburger or french fries cooked in lard will not find them at the Second Avenue Deli."

The issue arose when deli's owners tried to trademark the names, the report said.

Co-owner Jeremy Lebewohl said the idea for the Instant Heart Attack Sandwich was around before the Arizona grill existed.

"I think it is chutzpah to accuse us of stealing their concept," Lebewohl told the paper.

"We decided to strike first."

The suit asks a judge to say that there was no trademark infringement, according to the Daily News.

The Heart Attack Grill did not immediately respond to an email for comment.

Where's the beef? There's plenty of it on this 2nd Avenue Deli pastrami and potato pancake sandwich.
Where's the beef? There's plenty of it on this 2nd Avenue Deli pastrami and potato pancake sandwich.
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courtesy of Second Avenue Deli

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