The author of “The Sneaky Chef” cookbook may have a beefier case against Jerry Seinfeld for suggesting she is a “'wacko' celebrity stalker" than she does against the comedian's wife for allegedly ripping off her recipes.

Both the Seinfelds are named as defendants in a suit filed this week by Missy Chase Lapine, who accuses them of “conduct that gives new meaning to the terms 'arrogance' and 'greed.'”

Lapine published her cookbook in April 2007, six months before the release of Jessica Seinfeld's “Deceptively Delicious” opus. “The Sneaky Chef” has sold only 24,000 copies while “Deceptively Delicious” is on the Amazon.com bestsellers list.

But according to Lapine's complaint, Jessica Seinfeld “brazenly plagiarized 'The Sneaky Chef,'” copying its “original concept, expression, methodology, organization, structure, design, styling and look and feel.”

Both books advise parents how they can sneak nutrition into their children's diet by adding pureed fruit and vegetables to typical kid food such as chocolate pudding, mac 'n cheese, chicken tenders and green eggs. “Deceptively Delicious” adds “the same specific fruit or vegetable puree to the same dishes,” Lapine says.

Copyright law does not, however, provide much protection for cookbooks, applying only to the literary expression of a recipe but not the recipe itself. In Publications International v. Meredith Corp., 88 F.3d 473 (1996), the 7th U.S. Circuit Court of Appeals said directions for combining ingredients are also not protected.

Lapine's literary expression, which includes a “personal anecdote of mealtime struggles” with her children, appears to be on the thin side. But she has beefed up her suit with the defamation claim against Jerry Seinfeld.

In October, with accusations of plagiarism already swirling around “Deceptively Delicious” on the Internet, Seinfeld appeared on the “David Letterman Show.” Chivalrously rising to his wife's defense, he allegedly depicted Lapine as “a mentally unhinged celebrity stalker who poses a violent threat to the Seinfelds.”

“One of the fun facts of celebrity life,” he told Letterman, “is, wackos will wait in the woodwork to pop out at certain moments of your life.” Lapine, he continued, had waited for her “wacko moment” and accused his wife of “vegetable plagiarism.”

“She's a three-name woman, which is what concerns me,” Seinfeld added, since “if you read history, many of the three-name people do become assassins.”

Seinfeld will surely argue that he was straining for comic effect and a “reasonable viewer” would not consider his statements to be factual. “[I]f a challenged statement is one of opinion rather than fact, then under the first amendment it cannot give rise to a defamation claim,” the 2nd Circuit said in Ault v. Hustler Magazine, 860 F.2d 877 (1988).

But given the “nature and content of the communication taken as a whole,” Lapine may at least have a triable claim. For one thing, Seinfeld's exchange with Letterman was not entirely flippant since the talk-show host has himself been a victim of celebrity stalkers -– and his guest acknowledged that fact.

“I believe your wackos are very well documented,” Seinfeld said.

“Uh, yes. That's one good thing,” Letterman hesitantly replied.

By Matthew Heller
1/8/08