Avoid a “Heart Attack”: Promptly Register Your Trademarks

Article By:

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

posted on: Saturday, July 14, 2012

Intellectual Property

All Federal

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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.

About the Author

Susan Neuberger Weller

Member

Susan is a member in the firm’s Washington, D.C. office and has managed the firm's trademark practice for over 10 years. For over 25 years, her practice has involved all aspects of intellectual property and related corporate business transactions, with a particular emphasis on domestic and international trademark and copyright searching, prosecution, enforcement, counseling, and litigation. She specializes in trademark, copyright, domain name, trade dress, and related areas of Internet, e-commerce, unfair competition, customs, and advertising law, as well as intellectual...

snweller@Mintz.com

202-585-3510

www.mintz.com