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ARTICLE · 16 JULY 2012

Avoid A "Heart Attack": Promptly Register Your Trademarks

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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On July 6, 2012, in Lebewohl v. Heart Attack Grill, LLC , a New York Judge made it possible, in the words of the Wall Street Journal, for people to continue to "Order Up a Heart Attack" in, at least, Las Vegas and Manhattan.

United StatesIntellectual Property
Geri Haight
Geri Haight
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On July 6, 2012, in Lebewohl v. Heart Attack Grill, LLC, a New York Judge made it possible, in the words of the Wall Street Journal, for people to continue to "Order Up a Heart Attack" in, at least, Las Vegas and Manhattan.  Since 2004, the Second Avenue Deli, a kosher deli in Manhattan, has served the "Instant Heart Attack Sandwich" made of two potato pancakes filled with corned beef, pastrami, turkey or salami. In September 2010, the Deli filed a use-based federal trademark application for its "Instant Heart Attack Sandwich" mark, as well as an intent-to-use application for the mark "Triple Bypass Sandwich," for which it planned to use three potato pancakes instead of bread or buns. 

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