News » A Banana is a Banana is a Banana

A Banana is a Banana is a Banana

May 28, 2019

bananas 000002259493 420

U.S. District Court Judge Noel Hillman discussed some of the ways bananas might differ from one another in his ruling that a copyright suit against Kangaroo Manufacturing filed by fellow costume maker Rasta Imposta can proceed. The suit alleges that Kangaroo’s banana suit costume is so similar to Rasta’s that it amounts to a copyright violation. Kangaroo rests its defense on the assertion that all bananas look alike. Hillman rejected that argument. “The shape and curvature can vary, as can the existence and color of tips to the banana.” He also took note of varying shades of ripeness, a variety of shapes ranging from slim to plump, and the dramatic difference between peeled and unpeeled bananas. Kangaroo’s lawyers appealed the ruling to the Court of Appeals for the 3rd Circuit. Since copyrighting its banana costume in 2010 Rasta has filed three other lawsuits alleging infringement of its banana design. They were settled out of court.

Read full article at:

Daily Updates

Sign up for our free daily newsletter for the latest news and business legal developments.

Scroll to Top