Comedian Jerry Seinfeld and his wife, Jessica, won their bid to dismiss a lawsuit over her bestselling cookbook "Deceptively Delicious: Simple Secrets to Getting Your Kids Eating Good Food."
A federal judge in New York on Thursday dismissed the suit filed by Missy Chase Lapine, author of "The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals." Lapine accused Jessica Seinfeld of plagiarizing her book and Jerry Seinfeld of defaming her by calling her a "nut job" and "wacko" on national television.
"The similarities identified by plaintiffs are the result of the similar medium of expression used (cookbooks) or of the similar subject matter that both cookbooks address (hiding healthy foods in kid-friendly books)," U.S. District Judge Laura Taylor Swain wrote in a court opinion.
Swain threw out copyright, trademark and unfair competition claims against Jessica Seinfeld, ruling that a reasonable jury couldn't find that "Deceptively Delicious," published in October 2007, infringed on Lapine's book. The federal judge also refused to rule on the defamation allegation against the comic, saying it was a matter for state courts.