Kmart had purchased Rasta Imposta costumes for resale since 2008, but stopped doing so this year. The costume manufacturer claimed Kmart’s new banana costume is a rip off and violates a 2010 copyright.
Chris Sprigman, a professor at NYU School of Law, said he expects the case to be tossed and Rasta Imposta’s case is based on a “ridiculous assertion of copyright.”