New Jersey-based costume company Rasta Imposta is in the process of suing Kmart, accusing the US retail giant of copying its famous banana costume.
Until just a few weeks ago, Kmart carried the company’s banana costume during every Halloween season since 2008. This year, Kmart sourced the costume from another supplier in a move which Rasta Imposta believes infringed its 2010 Banana Design copyright.
Kmart’s costume; “has the same shape as the Banana Design, the ends of the banana are placed similarly, the vertical lines running down the middle of the banana are placed similarly, the one-piece costume is worn on the body the same way as the Banana Design, and the cut out holes are similar,” the complaint said. “Rasta Imposta has suffered significant financial harm and irreparable harm to its reputation as a result of Kmart’s conduct.”
