A Case of Bananas: Costume Copyright Infringement
Not all bananas are created equally. Rasta Imposta, a retail wholesaler of Halloween costumes, filed a claim for copyright and trade dress infringement and unfair competition against Kangaroo Manufacturing, another costume retailer, after Rasta’s CEO discovered Kangaroo selling a costume that resembled one of Rasta’s costumes without a license. The costumes in issue in Silvertop Assocs. v. Kangaroo Mfg., No. 18-2266, 2019 U.S. App. LEXIS 22989 (3d Cir. Aug. 1, 2019) consisted of full-body yellow…