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Medically-Themed Eatery Sues Other Medically-Themed Eatery

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In Florida, a new restaurant called Heart Stoppers Grill features a medical theme with gimmicks, like EKG heart monitor logos and a free food offer for customers over 350 pounds. Thing is, in Arizona, there's a restaurant called Heart Attack Grill that also happens to feature a medical theme with gimmicks, like EKG heart monitor logos and a free food offer for customers over 350 pounds (lordy). The Arizona original is now suing the Florida newcomers for ripping off its concept, with the federal lawsuit citing about 30 similarities between the two restaurants. In other words, this is like the trashy, double-bypass version of the Wolfgang steakhouse wars of Beverly Hills.

However, a lawyer for the Florida newcomers defends his client and employs the Sexy Nurse Argument:

Their theme is completely different ... That's one of the reasons they didn't continue discussions with [Basso], because they weren't interested in his theme. They didn't steal the same trademarked Single Bypass, Double Bypass burger that he does. They didn't limit their menu like he does. They don't require their nurses to dress in a provocative manner. It changed the clientele from the Hooters-type crowd to a family-type restaurant.
But the best part of the article might be the part when the lawyers spill the beans on a new trend sweeping the food world: "There's a rebellion against gourmet restaurants and healthy food establishments ... And that's why there's so much interest on television." You heard it here first.
· Will lawsuit kill medically themed restaurant in Delray? [Sun-Sentinel]

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