Partner in trademark protection

markmatters
Light, essential and fun trademark news from Knijff
Jun
8
2018
« MARKMATTERS HOME  /  Court goes bananas over banana case

Court goes bananas over banana case

The banana suitOn Rasta Imposta’s website you can buy a bunch of banana-costume products: banana dresses, banana hoodies, “zombie banana” outfits and even the famous “Chiquita Banana”, with the produce producer’s blue logo. Kangaroo Manufacturing is also selling banana costumes, which are too similar to Rasta’s liking.

In court the lawyers hauled in four sets of costumes, two from Rasta Imposta and two from Kangaroo Manufacturing. Rasta Imposta’s lawyers also submitted photographs of more than 20 other banana costumes. It was part of the court case that Rasta Imposta has filed before a US federal court of copyright infringement.

During the court session, the judge’s called it a “bananafest” and “bananapalooza”. “It is humorous, your honor,” Rasta’s lawyer said, “but it is also very big business.”.

The court then went into detail about costumes, down to the location of the cutouts for the wearer’s head and arms,. He described “the soft, smooth, almost shiny look and feel of the chosen synthetic fabric” and “the bright shade of a golden yellow and uniform color that appears distinct from the more muted and inconsistent tones of a natural banana.”

Finally the court concluded that the design was likely to be “eligible for copyright protection,” adding that “it appears to the court that almost every feature of Kangaroo Manufacturing’s design resembles Rasta Imposta’s.”