Kmart’s knock-off banana costume just doesn’t have the same a-peel, designer says https://t.co/x2B16jmea1
— Keith Robinson (@wkeithrobinson) October 2, 2017
The Supreme Court’s recent decision in Star Athletica v. Varsity Brands on cheerleader uniforms has generated new uncertainty as to where a line falls between useful aspects of apparel, which are not copyrightable, and decorative aspects, which are. “The ruling is widely expected to lead to increased litigation in the fashion industry.” A lawsuit against Kmart over its sale of a banana costume “could be the first in a wave of copyright lawsuits over fairly generic Halloween costume designs.” [Timothy Lee, ArsTechnica; Bill Duhart, NJ.com; Polly Mosendz and Kim Bhasin, Bloomberg]
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