Seinfelds Fight Back Against Cookbook Author

Posted by Matthew Heller

Jerry Seinfeld has launched his defense of that slander claim brought by the author of "The Sneaky Chef" cookbook, saying any references to Missy Chase Lapine as a "'wacko' celebrity stalker" were protected "overstatements of opinion for comic effect."

As we previously reported here, Lapine sued both Seinfeld and his wife last month on claims arising from the publication of Jessica Seinfeld's cookbook "Deceptively Delicious." Not only does the book rip off "The Sneaky Chef," Lapine alleged, but Jerry Seinfeld defamed her while defending his wife from plagiarism allegations on "Late Night with David Letterman." The Seinfelds' conduct “gives new meaning to the terms 'arrogance' and 'greed,'" she said.

The answer to the complaint, filed Friday, delivers a similar rhetorical volley: "[T]his action gives new meaning to the terms 'objectively unreasonable' and 'publicity stunt,'" say the Seinfelds' attorneys at Cowan Liebowitz & Lattman and Menaker & Herrmann in New York.

Jerry Seinfeld told Letterman that “One of the fun facts of celebrity life 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.” Anyone hearing those comments, the answer says, "would readily have recognized that he was not making statements of fact but overstatements of opinion for comic effect."

As for Lapine's copyright infringement claims, the Seinfelds argue that they are based on "trivial and unprotectible aspects" of her work and that her "actions, including the commencement of this litigation, constitute copyright misuse."