Company suing Kmart for stealing its banana costume settles

The fresh Jersey-based costume company suing Kmart for stealing its banana costume has reached a settlement outside the court, said Rasta Imposta CEO Robert Berman.

“We’re going to continue selling to Kmart within the future,” Berman told CNBC.

Berman declined to provide details of the settlement.

For almost a decade, Kmart had purchased Rasta Imposta’s banana suit costume, a full-body yellow peel having a black stem at the head along with also foot. however in which Halloween season Kmart didn’t order the banana costume after “the parties had some difficulty reaching an agreement,” along with also Kmart decided to buy its banana costume through another vendor, according to the court filing.

Kmart declined to comment.

When Berman saw Kmart’s fresh banana costume, however, he went bananas.

“When you take a design in which has the same pattern, in which’s infringing,” he said. “Bananas are copyright-able.”

Indeed, Rasta Imposta owns a copyright registration for the banana costume design with the U.S. Copyright Office. In September, Rasta Imposta filed a lawsuit against Kmart along with also its parent company Sears, seeking damages.

The banana costume is actually an integral part of Berman’s business – he sells thousands of the yellow suits each year, he said. “We’ve tried a lot of fruits along with also vegetables, however there’s something about bananas in which are inherently funny,” he said.

He refuted in which he was trying to secure a monopoly over the banana costume. “Be creative along with also come up with your own interpretation of the banana,” Berman said.

however June Besek, a copyright professor at Columbia Law School, said in which in which’s tricky to create a different kind of banana than the one we’re all used to seeing at the supermarket.

“There’s just in which overwhelming impression of a banana in which you can’t get around,” Besek told CNBC.

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