New York, NY (CNS) – The plagiarism lawsuit against Jerry Seinfeld’s wife has been dismissed. A judge has thrown out the suit filed by another cookbook author against the comedian’s wife.

Missy Chase Lapine, author of “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals,” accused Jessica Seinfeld of copying Lapine’s recipes for her own cookbook, “Deceptively Delicious: Simple Secrets to Getting Your Kids Eating Good Food.”

However, a federal New York judge on Thursday dismissed her suit, saying the similarities she identified are the result of similar medium used in cooking. She also noted that Lapine’s book is “a dry, rather text-heavy work,” while Jessica’s is a “bright and cheerful, full of different colors and various patterns.”

But the legal battle against Lapine and the Seinfelds doesn’t end there. Lapine also sued Jerry of defamation over the remarks he made on David Letterman’s late night show in October 2007.

Jerry joked that he was worried about the plaintiff’s name because many of the “three-name people do become assassins,” citing Mark David Chapman and James Earl Ray as examples.

While she dismissed the plagiarism lawsuit, U.S. District Court Judge Laura Swain refused to rule on the defamation allegation, saying it was for the state courts to decide.

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3. Bill Gates Jerry Seinfeld Microsoft Ad

Video viewing trend tracker Visible Measures says the Seinfeld/Gates ads have experienced 4.3 million more views than the “I’m a PC” ones. Both, the firm says, had the same number of placements. And even though the Seinfeld/Gates spots launched two weeks earlier than the current campaign, the figures are clear:

• The Seinfeld/Gates ads grabbed 3.2 million views in their first 10 days; “I’m a PC” pulled in half of that
• Two weeks in, the Seinfeld/Gates ads were still seeing 300,000+ daily hits; “I’m a PC” dropped to 50,000 daily views by the same relative point

So in the end, Microsoft’s often criticized claim of “driving buzz” and generating interest may have proven to be effective after all. The more commercial-typical “I’m a PC” approach, in contrast — while praised more highly by many of the blogosphere’s Seinfeld/Gates naysayers — doesn’t seem to have had anywhere near the impact.

Of course, what really counts is how it all adds up when it comes to actual sales. Any predictions?

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You can see our full coverage on the campaign so far as follows: Microsoft says Seinfield, Gates ad a winner, Bill Gates Jerry Seinfield Microsoft Ad 2, Bill Gates Jerry Seinfeld Microsoft Ad and So Windows is like cheap shoes? [Microsoft WTF].

The official Microsoft spin on the move is that they are moving to phase two of the campaign, and that they had always planned to drop Seinfield, although no word yet as to whether Bill Gates will make another appearance.

It’s a sensible move, but a costly mistake. $300 million is budgeted on this campaign, and Seinfiled’s fees alone are probably in the millions. I’ll reserve judgement on phase two until we see it, but they couldn’t possibly be any worse.

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1. Bill Gates Jerry Seinfield Microsoft Ad 2
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After heavy head shaking following the first effort, the Bill Gates Jerry Seinfield Microsoft ad series returns for a second run above. According to VentureBeat this is the uncut version, which makes sense given it runs for 4:30, but still, it’s yet another ad about nothing, with a short bit about connecting people at the end.

Leave your thoughts in the comments. I’m being good and reserving mine for now

Related posts:

1. Bill Gates Jerry Seinfeld Microsoft Ad
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3. Microsoft dumps Seinfield from ad campaign