Halloween is coming up soon, and one costume sold by Kmart is causing controversy. On Wednesday, September 27, a New Jersey company, Rasta Imposta, sued Kmart for unfair competition and copyright infringement for the sale of a full-body banana costume design.
Rasta Imposta alleges that Kmart copied its men’s “Totally Ghoul” banana Halloween costume. The complaint states that last week Kmart decided to discontinue the purchase of Rasta Imposta’s funny costumes and began selling knockoff banana costumes.
According to the plaintiff, Kmart’s copying infringed the company’s 2010 “Banana Design” copyright. The complaint states that the knockoff costume has a similar shape in the Banana Design. It also states that Rasta Imposta has “suffered significant financial and irreparable harm” to its reputation because of the confusion and Kmart’s actions.
As of now, Rasta Imposta is seeking unspecified damages.