Jessica Seinfeld lawsuit a recipe for dismissal

The Jessica Seinfeld lawsuit involved stealing the idea of making smoothies to trick kids into eating their vegetables Flickr photo.

The Jessica Seinfeld lawsuit, a charge of plagiarism filed against her regarding a cookbook, has been thrown out. The wife of comedian Jerry Seinfeld has been embroiled in a controversy involving competing cookbooks. Missy Chase Lapine, author of “The Sneaky Chef,� was going after a pay day by charging that the Jessica Seinfeld recipes were created by stealing her ideas, resulting in the cookbook “Deceptively Delicious.� The controversy revolves around using a blender to trick kids into eating their vegetables.

Jessica Seinfeld recipes

Lupine won’t be getting any money now that a federal appeals court in New York sided with Jessica Seinfeld in the trademark dispute. The Associated Press reported that the appeals court said Wednesday that “stockpiling vegetable purees for covert use in children’s food is an idea that cannot be copyrighted.� The 2nd U.S. Circuit Court of Appeals in Manhattan issued its opinion just two days after hearing oral arguments in the trademark infringement dispute. Lupine’s Jessica Seinfeld lawsuit was tossed.

The Jessica Seinfeld lawsuit pot boils

The Jessica Seinfeld lawsuit started when both books were published in 2007. Being the wife of a world-famous comedian, Jessica Seinfeld got an invite from Oprah to appear on her show. Of course, book sales took off. Blogger Maya Reynolds reports that Jessica Seinfeld and her husband denied any plagiarism.

Ms. David vs. the Goliaths

Poor Missy Chase Lapine’s Jessica Seinfeld lawsuit didn’t stand a chance facing the power of famous people who can get on television. Reynolds reports that on the David Letterman show in October 2007, Jerry Seinfeld called Lapine a “wacko� who claimed Jessica Seinfeld “stole my mushed up carrots.� Other wisecracks included “She has three names and, you know, if you read history many of the three-named people do become assassins. Mark David Chapman, James Earl Ray.� Jessica Seinfeld was more diplomatic. In November 2008 during an appearance on The View, she said “I can understand why she would have been frustrated. It must have been hard to see how quickly my book took off. I never saw her book, I never saw her recipes, nor, as a person, would I ever do something like I was accused of doing.�

Jessica Seinfeld lawsuit: Jerry’s next

Lapine’s original suit against the Jessica Seinfeld recipes was dismissed by a federal judge. She then took the case to the Second Circuit Court of Appeal, arguing a jury should get the chance to decide. The New York Daily News reports that Seinfeld’s lawyer Orin Snyder said the lower court judge’s decision that the two books were no more alike than broccoli and carrots should stand. Meanwhile, Lapine is still angling for extra cash by suing Jerry Seinfeld in New York state court, charging that he slandered her during his appearance on the “Late Show with David Letterman.� Good luck.