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Jessica Seinfeld Wins Cookbook Copyright Lawsuit
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by candice.tsuei | September 11, 2009 at 10:20 am
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A judge throws out a lawsuit against Jessica Seinfeld, comedian Jerry Seinfeld's wife, over her bestselling cookbook Deceptively Delicious, which encourages sneaking vegetables into children's food.
Manhattan Federal Court Judge Laura Taylor Swain dismissed all claims brought against Jessica Seinfeld's cookbook, Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food. In 2007, author Missy Chase Lapine filed a lawsuit accusing Jessica Seinfeld of plagiarizing and stealing her "concept, expression methodology, organization, structure, design, styling, look and feel" from her cookbook, The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals. She also sued Jerry Seinfeld for defaming her by calling her a "nut job" and "wacko" on national television.
According to Orin Snyder, Seinfeld's lawyer:
"The court categorically rejected the claim that 'Deceptively Delicious' infringed the copyright and trademark of the plaintiff's book," Snyder said. "The federal judge ruled that 'no reasonable fact finder could conclude' that copying occurred here given that the works are 'very different' and that Jessica's book 'has a completely different feel.' "
But according to Howard B. Miller, Lapine's lawyer:
"The claims against Jerry Seinfeld for defamation are still fully alive," Miller said. "He just says he is joking; we don't think calling someone an assassin and a wacko is a joke. I'm up against a very powerful opponent," Lapine said in a telephone interview from her home in Westchester County, New York. "Justice is not always served."
The Judge threw out copyright, trademark, and unfair competition claims against Jessica Seinfeld. The federal judge also declined to rule on the defamation allegation, saying it was a matter for state courts. Judge Swain wrote in a court opinion:
"The similarities identified by plaintiffs are the result of the similar medium of expression used (cookbooks) or of the similar subject matter that both cookbooks address (hiding healthy foods in kid-friendly books),"
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at 02:04 on September 14th, 2009
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A federal judge on Thursday threw out an author's claims that Jessica Seinfeld, the comedian's wife, plagiarized from her cookbook, but the judge left open claims of defamation against Jerry Seinfeld himself. It was just tossed out of court, as it was clear Mrs. Seinfeld had never heard of nor seen the book, so no fast cash from Jessica Seinfeld – and no soup for you, Missy Lapine; come back in one year!