In a lawsuit over "fat" sandwiches, Are U Hungry? has asked the court to force fellow restaurant Mr. C's to stop using the "fat" sandwich names while Mr. C's takes more time to prepare a defense.

Are U Hungry? filed a lawsuit March 6 in the Pennsylvania Middle District Court alleging that the "fat" sandwich names used by Mr. C's are "visually, phonetically, and confusingly similar" to Are U Hungry's sandwich names.

Are U Hungry?, 111 Sowers St., has held trademarks on sandwiches including "Fat Ranch," "Fat Drunk," "Fat Blunt," "Fat Bitch," and "Fat Bastard" since 2005, according to the lawsuit.

Mike Garaibeh, owner of Mr. C's, 119 S. Pugh St., said at the time that he would get a lawyer to fight the lawsuit. But almost a month later, he still has not told Are U Hungry? who his lawyer is, according to court documents.

Garaibeh has not been available for comment for the past week.

Mr. C's was required to file a brief of opposition to the lawsuit by March 26. Three days before the deadline, Garaibeh sent a note to the court requesting more time to prepare, according to court documents.

According to a response from Are U Hungry?, the note requested the court appoint a public defender to argue Mr. C's side of the case.

Scott Fields, Are U Hungry's lawyer, wrote in the response that Garaibeh "actually informed counsel that he would be hearing from Mr. C's counsel. This never occurred."

Are U Hungry? will consent to Mr. C's time extension if the court grants a preliminary injunction to stop Mr. C's from using the contested sandwich names, Fields said. He said he expected to hear from the court soon about when a hearing on the injunction would be scheduled.

Fields said he was not concerned about the use of "fat" sandwich names at Rutgers University.

Ayman Elnaggar, owner of a restaurant there called RU Hungry, has said Rutgers students thought up the "fat" sandwich names and therefore neither restaurant had a right to claim ownership.

Fields said geography needed to be considered in trademark law. He said, for example, that a California store would not have a problem if a store in Maine began using similar product names. But it would have a problem, he said, if the new store opened in the same market.