Donnelly LLC
Call for a Free Consultation
Toll Free 866-907-6368 Local 856-324-6147

Intellectual property dispute centers around Halloween costume

Intellectual property in New Jersey and throughout the U.S. is taken very seriously. It can mean a lot of revenue for a business if it has a product that will be unique and sell well. This is especially true if the item is generally perceived as seasonal. If a person or a company has created a product and there is an issue with its ownership and rights, it is sometimes necessary to move forward with business litigation. Having legal help is vital toward that end and trying to get a satisfactory result.

With Halloween approaching, costumes are major business. One is a banana costume. In a disagreement between companies that manufacture these costumes, one filed a lawsuit in New Jersey federal court. The manufacturer, which has contracts with several large department stores, asserts that there has been unfair competition, copyright infringement and trade dress infringement. The company had sold the costumes to Kmart since 2008. However, the sides could not agree to a new contract for 2017 and the store selected another vendor. The vendor provided what the original manufacturer believes is a violation of the law by using a similar design.

The company started selling the costume in 2001 and its copyright was registered in 2010. The banana costume is licensed out and it is considered a key for the company. Since people across the U.S. spend more than $9 billion for Halloween - with more than one-third of that for costumes - this is an important part of a company's profits. The company had previous lawsuits over costumes in which they believed their designs were used without permission. In this case, the company argues their costume and the costume used by the company now making it for Kmart is too similar.

This might sound like a strange legal filing especially when it involves people dressing up to look like a banana, but a company that designed the costume or anything else has the right to protect its interests in an intellectual property dispute. When there is a belief that violations are taking place, a legal professional can help a person or a company protect its intellectual property and copyrights and seek compensation if there is a violation.

Source: chicagotribune.com, "Halloween is here with a copyright lawsuit over banana costumes," Polly Mosendz, Kim Bhasin, Sept. 28, 2017

No Comments

Leave a comment
Comment Information

Mount Laurel Office
Mount Laurel Office
403 Birchfield Drive
Suite 403A
Mount Laurel, NJ 08054

Map & Directions

Linwood Office
Linwood Office
327 Central Avenue
Linwood, NJ 08221

Map & Directions

Cape May Court House Office
Cape May Court House Office
618 Route 9 South
Cape May Court House, NJ 08210

Map & Directions

Gloucester, Cumberland and Salem County Offices
Gloucester, Cumberland and Salem County Offices
57 Euclid St.
Woodbury, NJ 08096

Map & Directions

Back To Top