3rd Circ. Rules Banana Costume Is Copyrighted

Law360 (August 1, 2019, 1:46 PM EDT) -- The Third Circuit ruled Thursday that a New Jersey costume maker could protect a banana costume with copyright law, saying the company was entitled to the "fruits of its intellectual labor."

Citing a recent decision by the U.S. Supreme Court, a three-judge panel affirmed a lower court's ruling that Rasta Imposta could block a rival company called Kangaroo Manufacturing Inc. from selling a look-alike Halloween costume.

The Third Circuit ruled Thursday that New Jersey costume maker Rasta Imposta can prevent its rival, Kangaroo Manufacturing, from selling a look-alike banana costume.

"Rasta established a reasonable likelihood that it could prove entitlement to...

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