Tag: Lapine vs. Seinfeld

  • Resolution of Seinfeld-Lapine Cookbook Lawsuit

    I blogged about the Seinfeld-Lapine cookbook spat when Missy Chase Lapine, author of The Sneaky Chef, first filed a copyright and trademark lawsuit against Jessica Seinfeld, author of Deceptively Delicious and wife of comedian Jerry Seinfeld. My predictions for the case came true. I love when that happens!


    Courts Grant Summary Judgment to Seinfeld on Copyright and Trademark Claims

    First, the court confirmed that hiding vegetables in foods children enjoy is a basic idea and copyright does not protect basic ideas. Copyright infringement requires substantial similarity and the court found none between The Sneaky Chef and Deceptively Delicious. Lapine argued that the cookbooks have a similar organization, pattern, structure, and sequence in that both books have

    • a cover and title conveying a concept of secretly getting children to eat healthy foods
    • an introduction or forward by a doctor
    • a personal narrative by the author describing her struggle, revelation, recipe testing and effects
    • a discussion of appliances
    • a list of essential ingredients
    • instructions for making the purees in advance and storing them for later use
    • a collection of individual recipes using those foods

    However, the court found all these elements to be stock elements of cookbooks (i.e., they are elements one would naturally expect to find in a cookbook) and as such, copyright does not protect them.

    The look and feel of the two books also differed in several ways. According to the court:

    • Deceptively Delicious lacks the extensive discussion of child behavior, food philosophy, and parenting that pervades The Sneaky Chef.
    • The Sneaky Chef uses primarily black, gray, and shades of brownish orange while Deceptively Delicious employs bright colors and more photographs.
    • The Sneaky Chef assumes greater familiarity with cooking, recommends thirteen methods for hiding healthy foods, and provides recipes for multiple-ingredient purees, Deceptively Delicious instructs readers about only single-ingredient purees and contains more basic instructions.

    The court also made short work of the trademark infringement claim finding that the images used on each of the cookbook covers were not similar.


    Court Does Not Grant Summary Judgment on the Defamation Claim

    In my previous posting on this matter, I predicted that Lapine’s defamation claims against Jerry Seinfeld for remarks Seinfeld made on the Late Show with David Letterman were actually stronger than her copyright and trademark claims. Note that the court allowed the defamation claim to stand. I don’t know the status of that claim but I would not be surprised if the Seinfelds ultimately prevail on the defamation claim. It’s just going to take longer.


    Some Consolation for Lapine

    Even though Lapine has lost most of her lawsuit, she can take some consolation that her book is outpacing Seinfeld’s in the marketplace. The last time I checked, Amazon ranked Lapine’s The Sneaky Chef at 1,183 in books and Seinfeld’s Deceptively Delicious at 8,740 in books.

  • The Sneaky Chef versus Deceptively Delicious. Defamation Charges Against Seinfeld Stronger Than Copyright Charges.

    In
    a previous posting discussing copyright protection for recipes,
    I mentioned the copyright infringement and defamation lawsuit against Jessica
    and Jerry Seinfeld filed by Missy Chase Lapine.

    Lapine’s Copyright
    Claim

    Lapine
    is the author of The
    Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals
    . Jessica Seinfeld is the author of Deceptively Delicious: Simple Secrets to Get Your Kids
    Eating Good
    Food. In the lawsuit, Lapine claims Deceptively
    Delicious
    infringes The Sneaky Chef.

    (more…)

  • Are Recipes Copyrightable? – Rights Clearance Observations about Julie & Julia, Deceptively Delicious, and The Sneaky Chef

    I
    recently listened to – and enjoyed – the audiobook version of the memoir, Julie & Julia: 365 Days, 524 Recipes, 1
    Tiny Apartment Kitchen
    .  It’s the story of Julie Powell, an aspiring
    actress who works in an unfulfilling temp. secretary job and who struggles for
    some direction in her life as she approaches her 30th birthday.

    Powell takes on the
    project of cooking every recipe in Julia Child’s Mastering the Art of French Cooking. Her hope is to use cooking as a therapeutic
    method that will save her soul and rescue her life.  She shares her progress in a blog which soon
    becomes wildly popular and generates an offer from Little, Brown and Company to
    write a book about the project. Powell’s
    Julie & Julia has sold over 100,000
    copies.

    Recipe Copyright Issues in Julie & Julia

    It’s
    a professional hazard of entertainment attorneys to contemplate rights issues
    as we watch movies, read books, and view other means of media. The first rights question occurring to the
    reader might be the use of Julia Child’s recipes in Julie Powell’s blog and
    book.

    (more…)