Appeals Court Says Banana Costume Is Infringing
Art Law

Appeals Court Says Banana Costume Is Infringing

from the insert-your-own-damn-pun dept It’s been a bit of a roller coaster ride for Kangaroo Manufacturing over the past few weeks. The company — which has admitted that it looks for popular items that are being sold on Amazon, and then develops competing products — won its lawsuit a few weeks back, in which it was accused of copyright infringement for copying a floating duck pool float. In that case, the court determined that the ducks in question were not similar enough to be infringing. However, in another case, involving banana costumes, Kangaroo was not so lucky. Back in April we wrote about the appeals court hearing in that case, in which the judges joked that they were disappointed none of the lawyers showed up in the costume. However, in the end, the 3rd Circuit appeals court upheld the lower court’s injunction that the two banana costumes were too similar and that Kangaroo’s violated the trademark of Rasta Imposta (ht to Bill Donahue for spotting this one). There were two keys to this particular ruling. The first was the Supreme Court’s terrible ruling in the Star Athletica case upturning decades of copyright law saying that you can’t get a […]

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