The makers of a banana costume are suing a former distributor, claiming the company is stealing its banana design.

Rasta Imposta, a New Jersey Halloween costume company, is suing Kangaroo Manufacturing Inc. of Arizona after Kangaroo started selling a costume of similar color and design to Rasta's banana costume.

According to news reports, U.S. District Judge Noel Hillman agreed, observing similarities in the "soft, smooth, almost shiny look and feel" and the "golden yellow and uniform color that appears distinct from the more muted inconsistent tones of a natural banana." In his 35 page opinion, Judge Hillman went on to note that bananas can "appear ripe, overripe, or unripe, ranging in color from yellow, to brown, to green. The shape can be long or more stout, relatively elongated or thin or more plump. The banana may be whole or partially peeled."

Kangaroo maintains that "[t]here is nothing original about making a banana yellow or the ends...black, as this is exactly how a ripe banana appears in nature."

—Source: nj1015.com