Heart Attack Grill vs Heart Stoppers Sports Grill who will win lawsuit?

Background: Iggy Lena and Bob Kutnick knew it was a good idea — open a medically themed sports bar with unfashionable menu items, such as Chili Chest Pain Fries and The Heart Stopper, a 3-pound burger.

Decorate with a heart defibrillator and a dialysis machine. Make the tables look like wheelchairs, put salt and pepper in pill bottles, and present the bill in a plastic first-aid kit.

The result is their 6-week-old Heart Stoppers Sports Grill in Delray Beach, where the menu warns that "consumption of our food will definitely lead to obesity" and there is a standing offer of free food to anyone over 350 pounds.

Lena, who worked in his father's restaurants before becoming a paramedic 10 years ago, calls it a melding of his two seemingly disparate careers.

"I had a party of 12 people in the other night," said Lena, who will soon offer free in-house CPR classes. "No one was under 70. Two of them were on walkers and they loved the place."

Just this week, however, Lena and Kutnick got some bad news. It didn't come from one of their white-uniformed, fishnetted nurse-waitresses. It came in a federal lawsuit from Heart Attack Grill in Chandler, Ariz.

Jon Basso, owner of the Arizona eatery, says the South Florida pair stole his idea and he wants them to cease and desist. In other words, get rid of the medical theme or shut their doors.

"Heart Attack Grill is the originator of the medically themed hamburger grill and restaurant," said Robert Kain, Basso's Fort Lauderdale attorney. "It sells high-calorie food products and we have had very extensive media coverage, including numerous shows on the Travel Channel and the Food Network. In my mind, we are just as well known as McDonald's."http://www.sun-sentinel.com/news/palm-beach/fl-heart-stoppers-20100129,0,5745392.story

Settlement details:As reported by a major mainstream news source.