Saturday, September 12, 2009

Jessica Seinfeld's Deceptively Delicious Copyright Win

Jessica Seinfeld’s did not copy from another author in her hit cookbook, Deceptively Delicious, according to the judge who through out the copyright infringement case against the author.

The suit had been brought against Seinfeld, the wife of the comedian Jerry Seinfeld, following the much publicized release of her cookbook about sneaking vegetables into children’s meals. The plaintive, Missy Chase Lapine, claimed, that she had twice submitted a book proposal about sneaking healthy foods into children’s meals to HarperCollins, and was twice rejected. Her book was ultimately printed by Perseus Books Group under the title, The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals, in April 2007.

Harper Collins subsequently published Seinfeld's book in October 2007. The book's launch include a slew of publicity including an appearance on The Oprah Winfrey Show.

Following the book's success, Ms. Lapine filed suit against Ms. Seinfeld, alleging copyright infringement, trademark violations and unfair competition.

In her decision from the judge found some similarities in the two books, but went on to say 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 writes, while Ms. Seinfeld’s “cookbook has a completely different feel and appears to be directed to a different audience.”

Ms. Lapine is continuing to pursue a related claim against Jerry Seinfeld, Jessica’s husband, for defamation after he made fun of her on The Late Show With David Letterman.

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