2nd Avenue Deli has certainly won its appeal in the battle that it was running over the "latke" versus the cheeseburger fight in the court. The ruling from the federal judge has come recently clearing that both cannot be confused.
A case was reported by the Heart Attack Grill of Las Vegas over its naming of cardiac-themed concoctions in the court against a famed New York City kosher deli, which is doing business in one ‘Instant Heart Attack’ sandwich.
But the federal court judge in Manhattan has denied the appeal of the Heart Attack Grill of Las Vegas on Thursday and allowed the 2nd Avenue Deli to continue selling its "Instant Heart Attack" sandwich. Moreover, the ruling has also permitted Deli to launch a "Triple Bypass" version of its product. He said that both the products of the deli and the Heart Attack Grill have clear differences between their names.
The 2nd Avenue Deli's potato pancake is a meat-based sandwich but the Heart Attack Grill claimed that it poses a little risk of customer confusion as it sells giant cheeseburgers and fries cooked in lard. Ruling from U. S. District Court Judge Mr. Paul Engelmayer has gained victory to the 2nd Avenue Deli.
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