By Banzay on 07:33
Filed Under: Jessica, Seinfeld
Judge Rejects Copyright Suit Against Jessica SeinfeldJessica Seinfeld’s broccoli-spiked chicken nuggets recipes are all hers, a federal judge ruled Thursday.Ms. Seinfeld, the wife of the comedian Jerry Seinfeld, did not copy from another author in her cookbook about sneaking vegetables into children’s food, the judge said when she threw out a copyright infringement case brought by a competing author, Missy Chase Lapine.Ms. Lapine had twice submitted a book proposal about sneaking healthy foods into children’s meals to HarperCollins, and was twice rejected. An imprint of Perseus Books Group finally published the book, “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals,” in April 2007.Five months later, in October 2007, HarperCollins published Ms. Seinfeld’s book, “Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food,” which suggested that parents add pureed fruits and vegetables to basic recipes.Ms. Lapine then brought a case against Ms. Seinfeld, alleging copyright infringement, trademark violations and unfair competition.Although the judge found some similarities in the two books, she said that “no reasonable fact finder could conclude” that they “have the same aesthetic appeal.”“Lapine’s cookbook is a dry, rather text-heavy work,” Judge Laura Taylor Swain of Federal District Court wrote in her review, while Ms. Seinfeld’s “cookbook has a completely different feel and appears to be directed to a different audience.”Orin Snyder, the Seinfelds’ lawyer and a partner at Gibson, Dunn & Crutcher, called the suit “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,” he said.“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,” Mr. Snyder said. “What made Jessica’s book a No. 1 best seller is her innovative and creative expression of that idea.”Ms. Lapine’s lawyer, Howard Miller, said he was considering whether to appeal the judge’s ruling on the copyright claim. Ms. Lapine will continue to pursue a related claim against Mr. Seinfeld, Jessica’s husband, whom Ms. Lapine sued for defamation after he made fun of her on “The Late Show With David Letterman,” her lawyer said.She will also pursue a claim against HarperCollins, he said.
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