Judge Rejects Lawsuit Against Jessica Seinfeld

Jessica Seinfeld, wife of comedian Jerry Seinfeld, won the copyright lawsuit filed against her by competing author, Missy Chase Lapine regarding cookbooks with recipes on how to sneak vegetables into children’s food.

Lapine had submitted a book proposal about sneaking healthy foods into children’s meals to HarperCollins twice and was rejected both times.  In April 2007 she finally had a book published from Perseus Books Group titled, “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals.”

In October 2007, five months later, HarperCollins published Seinfeld’s book titled, “Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food,” which suggests parents add pureed fruits and vegetables to basic recipes.

Ms. Lapine then alleged copyright infringement, trademark violations and unfair competition and filed a case against Ms. Seinfeld.

Although the judge did find a few similarities in the two books, she said “no reasonable fact finder could conclude” that they “have the same aesthetic appeal.”

Judge Laura Taylor Swain of Federal District Court wrote in her review:

“Lapine’s cookbook is a dry, rather text-heavy work,” while Ms. Seinfeld’s “cookbook has a completely different feel and appears to be directed to a different audience.”

Seinfelds’ lawyer and a partner at Gibson, Dunn & Crutcher, Orin Snyder, said the suit was “a publicity stunt.”

“It was only when Jessica Seinfeld had a No. 1 best-selling book that the plaintiff filed this lawsuit, and lo and behold, the plaintiff sold more copies.”

“Countless authors have used the idea of sneaking healthy food into children’s meals, and no one has a monopoly over that idea — the court made that clear. What made Jessica’s book a No. 1 best seller is her innovative and creative expression of that idea.”

Howard Miller, Ms. Lapine’s lawyer, said he was considering whether to appeal the judge’s ruling on the copyright claim.

Ms. Lapine will continue to pursue a claim against HarperCollins and a related claim against Jerry Seinfeld, Jessica’s husband, whom she sued for defamation of character after he made fun of her on ‘The Late Show With David Letterman.’

photo: Wenn.com