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LEBEWOHL v. HEART ATTACK GRILL LLC

No. 11 Civ. 3153 (PAE).

890 F.Supp.2d 278 (2012)

Jack LEBEWOHL, Jeremy Lebewohl, Uncle Abies Deli Inc. d/b/a Second Ave. Deli, Uncle Abies Deli on First Inc. d/b/a Second Ave. Deli, and Uncle Abies Deli Sandwich Trademarks LLC, Plaintiffs, v. HEART ATTACK GRILL LLC, HAG LLC, Jon Basso, Diet Centers LLC (Texas), and Diet Center LLC (Delaware), Defendants.

United States District Court, S.D. New York.

July 5, 2012.

Attorney(s) appearing for the Case

Willliam Win-Ning Chuang, Jakubowitz & Chuang, L.L.C., New York, NY, for Plaintiffs.

Darren Spielman, Robert C. Kain, Jr., Kain & Associates, Attorneys at Law, P.A., Michael Joseph Quarequio, Michael J. Quarequio, P.A., Fort Lauderdale, FL, for Defendants.

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge.

The parties to this declaratory judgment action are restaurants that use provocative names to market their extravagantly caloric food. Defendants are a chain of theme restaurants called the Heart Attack Grill and its owners (together, "HAG"). HAG's menu at its one extant restaurant (in Las Vegas, Nevada) offers patrons the Single Bypass Burger, the Double Bypass Burger, the Triple Bypass Burger...

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