A banana costume could infringe on a banana costume. If you bought a banana costume for Halloween today, you may have purchased a copyright infringing product. Rasta Imposta sued Kmart for selling alleged knockoffs of Rasta Imposta’s banana costume. Costumes are generally considered clothing which are useful articles and can’t be copyrighted (Whimiscality, Inc. v. Rubie’s Costumes which held a child’s pumpkin costume could not be copyrighted). But masks can be copyrighted because they aren’t considered useful articles. (Masquerade Novelty v. Unique Industries which held that animal nose masks can be copyrighted). But would a banana costume be considered clothing and not copyrightable? We’re going to have to live in limbo because Rasta Imposta and Kmart settled.

WHY YOU SHOULD KNOW THIS. Happy Halloween.

Leave a comment

Your Email will not be published with a comment

This website uses cookies to enhance your browsing experience and provide you with personalized services. By continuing to use this site, you consent to the use of cookies. See our Terms of Engagement to learn more.
ACCEPT