"The Costumes are Bananas. So Is the Lawsuit Over Them."
An attorney in our IP Department at Flaster Greenberg PC was quoted in a June 7th New York Times article covering her recent Federal Court victory for her client in a dispute over banana costumes.
"The issues that come before Judge Noel L. Hillman in federal court in Camden, N.J., involve the usual sober matters — allegations of Medicaid fraud or child pornography or overcrowding in jails. They inevitably lead to mountains of dense legal documents with stultifying terms like “collateral estoppel” and “implied warranty of merchantability.”
Then came something unexpected — a dispute about bananas, or more precisely, a lawsuit about costumes that look like bananas and the two companies that make them. One company maintained that the other was manufacturing look-alikes that had been copied from them..."
Click here to continue reading the article. This article was published in The New York Times on June 7, 2018.
In the May 29th decision, the Judge determined in favor of our client on its motion for a preliminary injunction based on copyright infringement. It was ultimately concluded that our client would likely be "eligible for copyright protection" on the basis of how "the individual components come together to create the banana costume."