This Case is Bananas …

AtItAgainKangaroo Manufacturing, a company that produces Halloween costumes, thought it was well within their rights to make a banana costume. After all, what possible intellectual property could be claimed for the fruit central to a banana split? 

They were wrong. 

The company was sued by a rival costume maker, aptly named Rasta Imposta, who claimed Kangaroo Manufacturing’s banana costume was identical to one it produced. 

In court, Kangaroo Manufacturing argued that a banana was not copyrightable, but the U.S. Third Circuit Court of Appeals disagreed, noting the similar ”curved lines coming down the sides” between the two costumes. 

Never mind that all bananas have curved lines coming down sides.

While intellectual property theft is a serious and pervasive issue, deciding that someone owns the rights to a fruit is, frankly, bananas.