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This Appellate Opinion Is Bananas, B-A-N-A-N-A-S!

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Rasta established a reasonable likelihood that it could prove entitlement to protection for the veritable fruits of its intellectual labor.

— Judge Thomas Hardiman of the Third Circuit, writing in an opinion that Rasta Imposta, the maker of a full-body banana costume that it had copyrighted, was entitled to an injunction against Kangaroo Manufacturing, a rival company that made a look-alike garment. Hardiman’s opinion is full of fruity puns, ranging from noting that the dispute was “ripe for review” to a reference to a “banana … split” when discussing whether the costume’s design was utilitarian. Check out Appendix A to the opinion, below.


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.