Jessica Seinfeld Law Suit

When Jessica Seinfeld's book came out, I definitely did not take her side in the battle of the cookbook and thought and still think she is an idiot, and that she was definitely influenced by the other cookbook. However much she was influenced though, I think she will probably win this lawsuit that was filed against her for copyright and trademark infringement.
I am always skeptical of any lawsuit that is accompanied by a press release. In this case, Missy Chase Lapine's attorneys had a PR company prepare a press release announcing the lawsuit and why it was filed. It was totally unnecessary and instead just makes the law firm look like a bunch of blowhards. Yes, you want attention and publicity if you are a law firm, but you are suing Jerry Seinfeld and his wife and everyone is familiar with the two books. You will get attention without having your lawsuit filed with a PR blast to media outlets.
The first thing we need to get out of the way is that they are just suing Jerry Seinfeld to say they are suing him and to make more noise. There is no way that Lapine will win for the comments Jerry made on Letterman. Here are the comments from the show.
They are just an opinion. Yes, he probably knew that the books were not published at the same time, but the rest is all opinion. Just like I called his wife an idiot, he can call Lapine a whacko. Now, instead of calling her a whacko, Jerry had said, Lapine had spent some time in mental hospitals, THEN she would have a case.
Plagiarism is a tough thing to prove. The closest anyone has got in awhile was the guy who sued Dan Brown. Lapine's lawyers list a number of examples where the books are identical or close to identical. To me they are mostly meaningless. The only ones I hold any stock in are the list of the food and the purees that go with them. That is the section that will either win or lose the case for Ms. Lapine.
I have linked over to The Smoking Gun beginning on the page of similarities that Lapine alleges. Take a look and decide for yourself. That is what a jury will do. There are about five pages to look through.




