New York Deli Gets to Keep Serving "Instant Heart Attack”; Nobody Tell Mayor Bloomberg

The Second Avenue Deli in New York City can keep serving a sandwich dubbed the “Instant Heart Attack,” after they won a federal lawsuit against the Heart Attack Grill in Las Vegas, which claimed trademark infringement. Both sides claimed victory. From the New York Daily News:

“We feel that we’ve been vindicated,” delighted deli owner Jeremy Lebewohl said. “We’re doing what we’ve always done, what we do best, selling sandwiches.”

Judge Paul Engelmayer also gave the deli the green light to start selling their $34.95 “Triple Bypass” sandwich…

The Heart Attack Grill took comfort in the fact that Engelmayer’s ruling bars the deli from selling or advertising the two sandwiches outside of Manhattan.

“Today the federal district court in Manhattan recognized the national scope of HEART ATTACK GRILL's trademark rights, over the 2nd Ave Deli's limited use of instant heart attack on a latke and pastrami sandwich,” the company said in a statement.

When I saw the USA Today headline, “’Heart Attack’ sandwich can stay on N.Y. menu” I thought for sure it meant the Department of Health ruled it can stay on the menu after some ninny complaint, given how aggressively New York City’s government has tried to convince New Yorkers about the dangers of large portions, salt, sugary drinks and God knows what else in the last three years and as Michael Bloomberg ramps up his food jihad in his third and (almost certainly) final term as mayor of New York City.

Reason on food

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  • Obese American||

    2nd Avenue is an American treasure. Which means Bloomberg is planning to stomp it.

  • Cliché Bandit||

    I was in NYC about three years ago and 2nd Ave was closed. I cried, since EVERY time I go to NYC I start there (Taxi takes me "right" by it). So seeing this article has lifted my spirits but only cautiously. Is it new owner ship? Is it the same one I am thinking of (2nd Ave and 10th St)? Do they still have a hot pastrami on rye with mustard and onions that will feed a family of six for five days?

  • CharlotteHaze||

    Second Avenue Deli reopened in 2007 at its new location: 33 St Third Ave.

    (Same family runs it, but patriarch Abe Lebewohl was tragically murdered during an armed robbery in the 1990's http://newyork.cbslocal.com/20.....-lebewohl/)

  • Jerry on the road||

    The Heart Attack Grill took comfort in the fact that Engelmayer’s ruling bars the deli from selling or advertising the two sandwiches outside of Manhattan.

    Which shows how silly this kind of IP protection is. Besides, where does freedom of speech end and advertising begin?

  • sloopyinca||

    Which shows how silly this kind of IP protection is. Besides, where does freedom of speech end and advertising begin?

    As with most other things: they'll know it when they see it.

  • ||

    Thirty five bucks for a fucking sandwich? Inflation is a bitch indeed.

  • Cytotoxic||

    The price is the real reason it gives you a heart attack.

  • BakedPenguin||

    It's actually "only" $24.95.

  • Nephilium||

    Damn... that's some real COLA going on there. I can get sandwiches here in the Cleveland area for half the price. And generally get two meals out of it.

  • sloopyinca||

    Yeah, but remember that you still have to live in Cleveland. You should get sammiches for free.

  • Nephilium||

    That's true... I must tread carefully, to avoid awakening the Warty.

  • ||

    NYC? I'd take Cleveland any day. The only place more vile than NYC is anywhere in CA.

  • Edgehopper||

    The exact same sandwich for half price in Cleveland, at Corky Lenny's. But calling a corned beef on latke sandwich an instant heart attack is more problematic as false advertising than as trademark infringement. Maybe emaciated New Yorkers call it an instant heart attack, but Cleveland Jews call it lunch.

  • Archimedes||

    Whatever happened to White Indian

  • EDG reppin' LBC||

    Chief Running Bottom was revealed to be the creation of a woman named Mary Stack. Mary Stack, of Ft. Worth, TX also created the troll character "rather". By the time she mistakenly revealed who she was, she was trolling with about 75 different handles. She comes around here still. Just look for the dumbest comments and assume it's her. But she has retired the WI character.

  • Ice Nine||

    I read it here when it was discovered and established, I guess, that Rather was MS. How is it known that White Indian was MS? And how is it known that all these other trolls are MS? Just curious.

  • Chloe||

    IMO, I think that the original WI was Jason Godesky, but once WI went from quoting ridiculous articles to fibertairain= agricultural city-statist, WI ceased to be and was from then on MS.

  • BakedPenguin||

    Mary Stack is still trolling here under different names.

  • R||

    At least one of them is "Registration at Last!"

    She slipped and responded directly to someone who was basically calling her out.

    While registration doesn't seem to have kept her away completely, it's at least seriously moderated her most annoying habits.

  • Mr. FIFY||

    Doubting Thomas may be another one of Mary's aliases. Let's watch the fun unfold.

  • mr lizard||

    So what about the stent schnitzel on rye?

  • Mr. FIFY||

    I hope Bloomberg tries to shut this thing down, just so he can be shown - again - what a worthless prick he his.

  • Hugh Akston||

    But Gothamites keep voting him in. What does that say about them?

  • Cliché Bandit||

    Ya know Hugh...I been doing the politically active thing for over a decade. And I have had my nuts kicked in (figuratively) more than a few times. BUT it is absolutely unimaginable to me how difficult local politics must be in NYC. I have LP friends in NY and their system of triage is basically: Fuck it, fuck it, fuck it, hold sign, fuck it, we will fight THAT one. SO, what it says to me at least is that there is no way I will ever live in that city. Visit yes, live, no fucking way.

  • Cliché Bandit||

    The same goes for the 64 suburbs in search of a city over there on the other ocean.

  • Mr. FIFY||

    That people in NYC are gullible fools.

  • Rhywun||

    It says to me that the other team put up someone even more objectionable - a pattern that has lasted for 20 years now, through both the Bloomberg and Giuliani regimes. Sure, those two have sucked in myriad ways, but it could have been so much worse - Detroit-style worse. I guess we'll find out next election - the current heir apparent is shrieking harpy (and city council speaker) Christine Quinn, who in a year or so of headache-inducing television appearances has already demonstrated an itch to nanny that would make Bloomberg blush.

  • timposimpo||

    Sounds like a pretty solid plan to me dude.

    www.Top-Anon.tk

  • Caleb Turberville||

    Isn't this all just one big rip-off of Colorado Mine Company's Fool's Gold Loaf?

  • Mr. FIFY||

    Dagwood Bumstead invented the big-ass sandwich decades ago.

    Just sayin'.

  • Doubting Thomas||

    Krayewski picks low hanging fruit, stomps on it.

    Peanut gallery joins in.

    Lowjinks ensue.

  • Mr. FIFY||

    You already played that hand in another thread, Tom.

    Don't like it? Don't read it.

  • sloopyinca||

  • Doubting Thomas||

    Dear Sloopy,

    Why do you keep linking your pseudonym to a half-assed, fourth-rate, moribund blogspot? Habit or narcissism? Thx.

  • Caleb Turberville||

    Sloopy's just grateful that he falls below the 50 employee-limit, so he's not mandated to provide health insurance.

  • Mr. FIFY||

    Dear Tom,

    Why are you here? Go away. Thanks.

  • Doubting Thomas||

    Want to know how to do a kid's allowance?

    No. But thanks for sharing! I'll assume you're drunk and bored?
    You know, sometimes kids grow up, look around, and kill their parents.
    Just sayin'.

  • Mr. FIFY||

    Have you killed your parents yet?

  • Doubting Thomas||

    And what does Mr. FIFY think about this?

  • Mr. FIFY||

    That you're here for no good [DRINK!] reason, and that the world would be a better place if you killed yourself.

  • Mr. FIFY||

    And that, since you brought it up, you are likely the kind of psychopath who would kill his own parents.

  • Caleb Turberville||

    Here's the thing with replying to trolls.

    Sloopyinca's post about the invoices is actually interesting. The troll's comments and the replies are not.

  • Mr. FIFY||

    Trying to drive it from the village, Caleb. Grab a torch, man!

  • VG Zaytsev||

    What's the Beer Jugs line item?

  • sloopyinca||

    Cleaning the bottles before and the carboy after a batch. Not that big of a deal, but we had no sprayer for the bottles and it was a particularly long fermentation with a lot of sediment in the carboy. I thought the negotiation on that was most reasonable. I doubt he'll take that one on so cheaply next time.

  • ||

    He charged you .50c for picking up a dead bird?
    Please tell your son he has me rolling with laughter, and if I could I would give him a good pat on the back for that one. Smart kid.

  • Doubting Thomas||

    Mister Fixed It For You (Mr. FIFY) has fixed it for all of us. Are we grateful? Grateful to Mister Fixed It For You, for Fixing It For Us?

    Yes. Yes we are!

    Thank you, Mister Fixed It For You! Thank you a Bunch!

  • Mr. FIFY||

    Having fun, Mary?

  • Doubting Thomas||

    Mr. FIFY has fixed it for us 9 times tonight!

    Hooray Mr. FIF Us!

  • Mr. FIFY||

    I can't fix everything, Tom. No one can.

    Not even government.

    By the way... Mary... how many fake accounts are you going to set up here, anyway?

  • Doubting Thomas||

    10! 10 times Mr. FIFY has fixed it for us!

  • Mr. FIFY||

    Fuck off, Mary.

  • Doubting Thomas||

    Sloopyinca's post about the invoices is actually interesting

    Yes. Yes! Exhibitionism is awesome!
    If we could just get Mr. FIFY to post his grocery list, we could call it a night!

  • Mr. FIFY||

    You're one to talk about substantive posting, Mary.

  • Doubting Thomas||

    Oh Mr. Fixed It For You, why can't you quit me?

  • Mr. FIFY||

    Trying to get you to quit, Mary.

    At least, until the Reason webmaster deletes your latest fake account.

  • Doubting Thomas||

    Ooh, an appeal to authority! From a libertarian!

    I laugh and laugh.

  • Mr. FIFY||

    Private website, Mary. Not your personal litter box.

    For that much, none of us have the right to post here, either. But at least some of us aren't worthless goddamned excuses for humanity like, say, Mary Stack.

  • Doubting Thomas||

    Buh bye, kiddies!

  • Mr. FIFY||

    Forever? Promise?

    Or will you lie, and return another day?

  • sloopyinca||

    Holy dog shit. I just thought it was funny that my son invoiced me for "Pick Up Dead Bird". I didn't mean to set off a trollfest from Doubting Thomas.

    Lighten up, fuckhead. A lot of us know each other on here pretty well and get a kick out of the things we and/or our families do. Go die in a fire.

    And by the way, way to out yourself, Mary, with the whole "fourth-rate blogspot" comment. That's a classic.

  • Mr. FIFY||

    "Die in a fire"

    You're being most magnanimous today, sloop. What's got you feeling so gracious?

  • sloopyinca||

    What's got you feeling so gracious?

    Sympathy for a schizophrenic that has no friends and a family that probably wishes she would walk out into traffic right now dressed in black.

  • Mr. FIFY||

    Wow. I wish I could be so caring. A murder-suicide between Mary, Tony, shrike, and The Derp would be a great start to the day.

  • Ed||

    The line item for taxes did it for me

  • Caleb Turberville||

    Dude, where do you find your labor? I can't find anyone who will pick up dead birds for less than 75 cents/hour.

  • Mr. FIFY||

    Child labor!

    /leftist snark

  • ||

    He should use piece rate its cheaper.

    The kids can sleep in my crawl space.

  • Mr. FIFY||

    Do you charge rent for your crawl space?

  • General Butt Naked||

    I'm likin' the tax rate in Spicerlandia.

    Hiring?

  • Mr. FIFY||

    He'd better pay more than 75 cents an hour. A good street-urchin should be so lucky to have a wage like that.

  • General Butt Naked||

    I've been importing Canadian urchins for a couple of years now. They do great a great job and work for pennies on the timbit.

    Sloop's kids better watch out because there's competition from the north and it's fierce.

  • Mr. FIFY||

    Do you feed them poutine, or just gruel?

  • Archduke PantsFan||

    Canadian kids need only Kraft Dinner.

  • Mr. FIFY||

    Ah. Do you let them watch Terence and Philip?

  • Archduke PantsFan||

    Canadian children watch Trailer Park Boys.

  • Mr. FIFY||

    Never seen it. Is it funny?

  • Archduke PantsFan||

    Must See TV.
    It's on Netflix if you have it.

  • Mr. FIFY||

    I shall check it out. Thanks.

  • sloopyinca||

    He's right. It's one of the funniest shows in the last decade. Truly wonderful.

  • Archduke PantsFan||

    My friend does a great Bubbles impression. At a halloween party he convinced someone he was "Special".

  • sloopyinca||

    Don't try to take my kids' jobs, buddy!

  • Mr. FIFY||

    Did they sign contracts, sloop? If not, it's fair game to take 'em.

  • sloopyinca||

    True. But I was just going for the buddy-guy-friend commenting thing. BTW, nice job running asshead off the thread.

  • Mr. FIFY||

    Ahh. I'm a bit off the pace. Either not enough beer, or too much.

    I hope it's gone for good, but you know how these trolls roll.

  • Mr. FIFY||

    Terrance: You're such a pig-fucker, Phillip!

    Phillip: Terrance, why would you call me a pig-fucker?

    Terrance: Well, let's see. First of all, you fuck pigs.

    Phillip: Oh yeah!

  • Archimedes||

    Where's the post on Barney Frank's wedding?

  • Mr. FIFY||

    I don't wanna see that!

  • Mr. FIFY||

    "What's the over-under on Barney Frank's wedding" would be funnier, btw.

  • Archduke PantsFan||

  • Mr. FIFY||

    Woody Allen just hasn't been as funny since he married his granddaughter.

  • Archduke PantsFan||

    woody allen married his stepdaughter he was 62 and she was 27 at the time

  • Mr. FIFY||

    Oops, off by a generation.

  • Cdr Lytton||

    RC'z law in action?

  • Archduke PantsFan||

  • Mr. FIFY||

    The less time he's in the office, the less damage he can do.

  • Bardas Phocas||

    I keep telling myself that, but then I remember he has minions.
    Millions of minions.
    http://www.opm.gov/feddata/His.....ce1940.asp

  • Mr. FIFY||

    I forgot about the minions. There are half a dozen of his worker drones posting here, at least.

  • Archduke PantsFan||

  • Mr. FIFY||

    I feel so much safer now.

  • BigT||

    Guv of Maine calls 'em like he sees 'em.

    Governor Paul LePage of Maine is making news for allegedly referring to the IRS as the “new Gestapo” Saturday, after blasting the president’s overhaul of our health care system.

    http://news.yahoo.com/gestapo-.....08267.html

  • Mr. FIFY||

    He's not that far off with that comparison.

  • John||

    http://www.ydr.com/local/ci_20.....-promotion

    Atheist sues restaurant for offering discount for those with a church bulletin on Sunday.

  • Mr. FIFY||

    Yet another pointless lawsuit. Just what America needs.

  • John||

    Atheist bitch about how no one likes them. Maybe they should perhaps stop forming groups like Freedom From Religion and just leave people the fuck alone.

  • ||

    Heh, I got banned from phylingula when I suggested to them that insulting and belittling people for their beliefs was probably not the best strategy for selling atheism.

  • ant1sthenes||

    Separation of church and restaurant is a core, founding principle of our nation.

  • AlmightyJB||

    Hit Run

  • AlmightyJB||

    Hit Run

  • AlmightyJB||

    Hit Run

GET REASON MAGAZINE

Get Reason's print or digital edition before it’s posted online

  • Video Game Nation: How gaming is making America freer – and more fun.
  • Matt Welch: How the left turned against free speech.
  • Nothing Left to Cut? Congress can’t live within their means.
  • And much more.

SUBSCRIBE

advertisement