Seinfeld Calls Author 'Wacko'--Not That There's Anything Wrong With It

Image via WikipediaCookbook author Missy Chase Lapine has yet to come up with a recipe for beating a Seinfeld in court.

New York Supreme Court Justice Marcy Friedman last week tossed a defamation suit, Missy Chase Lapine v. Jerry Seinfeld & HarperCollins Publishers, Inc. (Index No. 150051/2010), precipitated by the comic's remarks in 2007 on The David Letterman Show and E! News that the plaintiff, whom Seinfeld didn't specifically identify, was "wacko" and "if you read history, many of the three-named people become assassins." Judge Friedman said Seinfeld's comments were not defamatory as a matter of law as they constituted statements of opinion, which by their nature, are neither true nor false. Judge Friedman said the statements were not presented as factual or intended to be taken literally.

Lapine previously struck out in litigation against Seinfeld and his wife, Jessica, whom she unsuccessfully sued for copyright infringement over a cookbook in Missy Chase Lapine a/k/a The Sneaky Chef  v. Jessica Seinfeld et al (Case No. 09-4423-cv; U.S. Circuit Court of Appeals for the Second Circuit). [See "TUOL" post 5/6/10.] 

Lapine may be a wizard in the kitchen, but she is not the Master of Her Domain in the courtroom.

Seinfeld Cookbook: A Trademark & Copyright Case About Nothing

Cover via Amazon

In Missy Chase Lapine, The Sneaky Chef, Inc. v. Jessica Seinfeld, Jerry Seinfeld, HarperCollins Publishers, Inc. & Departure Productions, LLC (Case No. 09-4423cv), the U.S. Court of Appeals for the Second Circuit last week upheld the trial court's grant of summary judgment to the defendants on the plaintiffs' copyright infringement, trademark infringement, and trademark dilution claims.

Lapine, author of  The Sneaky Chef:  Simple Strategies for Hiding Healthy Foods in Kids'  Favorite Meals, claimed  Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Foods, written by Jessica Seinfeld, the spouse of comic Jerry Seinfeld,  infringed on Lapine's work. Both cookbooks cracked The New York Times best-sellers list, with Seinfeld's book, which came out four months after Lapine's, capturing the number 1 spot.

The appellate court conducted an independent comparison of the two cookbooks, concluding: "the 'total concept and feel' of Deceptively Delicious is very different from that of The Sneaky Chef."  Foodies may be thrilled by the Second Circuit's observation that "stockpiling vegetable purees for covert use in children's food is an idea that cannot be copyrighted."

In reviewing the standard for deciding if copyright infringement occurred, the Court of Appeals for the Second Circuit decision noted: "When, as in this case, a work incorporates unprotected elements from the public domain, we apply a 'more discerning observer' test, which requires 'substantial similarity between those elements, and only those elements, that provide copyrightability to the allegedly infringed [work]."

Which leads Seinfeld fan "TUOL" to wonder: Why do they call it a "trademark"--there are no marks being traded? And what are they diluting the trademark with?  How do you infringe on a copyright anyway--do you have to stand on it, or can you just make harassing telephone calls?...

NBC Gives 'Infotainment' A Worse Name

Image via Wikipedia

Lost amid the splashy Post-Olympics debut of  Jerry Seinfeld's comedy-reality-quiz show-train wreck "The Marriage Ref," Sunday night featuring celebrity panelists Alec Baldwin and Kelly Ripa was the presence of NBC "Today Show" anchor and correspondent Natalie Morales, who will appear regularly on the series as the "Just the Facts Ma'am" (the rest of the show is just as side-splittingly funny as her title).

Morales' involvement in the Seinfeld series has been vetted and approved by NBC News Standards, which should be comforting to viewers worried about the blurring of news and entertainment, but somehow isn't.  During the "Ref" program, Morales is perched behind a laptop computer, like a real journalist, where she reports information about the underlying issue about which the couples are arguing.

Perhaps "TUOL" shouldn't be all in a dither about this, given that CNN Newsie Anderson Cooper once hosted "The Mole" on ABC and CBS's "The Early Show" anchor Julie Chen does double duty as host of  the network's "Big Brother" reality show.  "TUOL" is grateful that Chet Huntley & David Brinkley left the network before they could be given recurring roles on "Law & Order" and that John Chancellor died well-before he might have been asked to host "The Biggest Loser."

NBC stands for "News Broadcast by Clowns."