On Thursday a federal judge proclaimed “No Soup for You” in tossing out a cookbook author's claim that comedian Jerry Seinfeld's wife was a culinary copycat when she came out with her own book explaining how to entice children to eat vegetables.
U.S. District Judge Laura Taylor Swain threw out the lawsuit brought against the Seinfeld couple by Missy Chase Lapine. The judge rejected Lapine's claims against Jessica Seinfeld, saying that the books, both best sellers, were not similar except for their goal of hiding healthy food inside the favorite meals of children – like a Marble Rye.
She called Lapine's book "a dry, rather text-heavy work" done predominantly in black, gray and shades of brownish-orange. She said Seinfeld's book was "bright and cheerful, full of different colors and various patterns" much like the comedian’s iconic show. Consumers who looked at each book were unlikely to be confused, the judge said, tossing out trademark infringement claims.
However, the judge declined to rule on Lapine's claim that Jerry Seinfeld libeled her on David Letterman's show last year when he noted her three names and joked that people with three names - including James Earl Ray and Mark David Chapman - have turned out to be assassins.
Seinfeld will reportedly defend the remaining claim on the fact that its funny - he’s a comedian. If this occurs, however, Lapine will no doubt contend that she knows comedians, she knows Jerry Seinfeld, “…and Jerry Seinfeld, you are no comedian."
The Trademark Company
Friday, September 11, 2009
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