Kmart being sued over banana suit

THIS Halloween, you'll probably see someone in a banana suit in the United States. Yes, he or she will be outfitted in a bright yellow costume, their face filling a hole in the middle of the fruit as arms and legs poke through the polyester peel. Hilarious.

Turns out, those bananas are big money, so much so that one seller has gone to federal court to defend its banana designs.

The phrase "banana suit" now has a dual meaning thanks to a complaint filed in New Jersey federal court. Silvertop Associates Inc, a costume manufacturer which does business as Rasta Imposta, sued Kmart Corp and Sears Holding Corp on Wednesday, alleging copyright infringement, trade dress infringement, and unfair competition.