From Harvey-Weinstein Masks to 'Fun Size' Disputes, Here's Where Halloween and the Law Intersect
On that special day in America when we celebrate all things macabre, take a look at a few stand-out tales involving spooky plaintiffs, scary defendants and Halloween-inspired litigation.
October 30, 2017 at 04:04 PM
8 minute read
On that special day in America when we celebrate all things macabre, take a look at a few stand-out tales involving spooky plaintiffs, scary defendants and Halloween-inspired litigation.
Banana Battle. Kmart is currently facing a lawsuit filed in New Jersey federal court last month over a full-body banana costume, which a New Jersey company alleges it owns the rights to. Rasta Imposta, which also names Sears Holdings Corp. as a defendant, asserts Kmart stopped buying its costumes and has since pilfered its Banana Design creation. (Costume at left isn't in dispute.)
Fun-Size Fight: A fight between Mars Inc. and Standard Brands Inc. broke out in 1974 in the U.S. District Court of the Southern District of New York over whether the term “fun size” could be trademarked. It could be, and Mars owns it.
Mr. Popularity. The sexual harassment allegations swirling in Hollywood have spurred U.K.-based FunkyBunky to peddle the “Harvey Weinstein Producer Mask” for about $3.80 each, reports The Sun.
Speaking of Weinstein. The #MeToo movement has resulted in fewer princess and mermaid costumes. Reuters reports that empowerment-themed outfits for girls are popular this year, including Rey from Star Wars and Wonder Woman.
Bustle in the Hedgerow. Two teenagers disguised as bushes are spooking unsuspecting passersby in a Rahway, N.J., park. “Don't need these 2 lunatics running around scaring people,” wrote a resident on the town's community Facebook page, Vice reports. Local police have vowed to make arrests if the pranksters continue their rampage.
Costume Crackdown. One elementary school in Oregon may have dodged a Constitutional crisis. There will be no costumes this year at Scholis Heights Elementary in Beaverton, a local news affiliate reports. The school principal said that she didn't want parents and kids to be “made to feel uncomfortable for having to choose between their family's beliefs and the school's activities.” Instead of its annual parade of pirates, ghosts and scarecrows, the school will celebrate Crazy Sock Day.
Under “Stupid Idea” Heading. Fun.com was selling an Anne Frank-inspired costume on its HalloweenCostumes.com, which showed a girl wearing a World War II-type outfit, reports a Wisconsin outlet. It has pulled the costume.
Creepyright Law. A copyright fight erupted in the Eastern District of Pennsylvania in 2000 over the marketing of the mask from John Carpenter's movie, Halloween. Don Post Studios Inc. claimed that Cinema Secrets Inc.'s marketing of a costume mask similar to a mask created by the studio for the movies was infringement. No dice, said Judge Eduardo Robreno.
Not funny. The Simi Valley City Council in California has unanimously repealed a controversial 2012 ordinance that banned registered sex offenders listed on the Megan's Law website from opening their doors to trick-or-treating children on Halloween, reports VC Star. The vote was in response to the second federal lawsuit filed in five years challenging the law's constitutionality. The repeal is effective immediately and comes in time for the Oct. 31 holiday.
Once Bitten. In 2010, Judge Richard Posner, on the U.S. Court of Appeals for the Seventh Circuit, cited the movie “Love at First Bite” in reference to how plaintiff Sabri Samirah, a Jordan citizen suing for permanent residence status, got into to the country. “[E]ven if it was in a coffin in the cargo hold of an airliner, disguised as Count Dracula (cf. Love at First Bite), he could have continued to seek to adjust his status to that of a lawful resident, until and unless he was removed.”
On that special day in America when we celebrate all things macabre, take a look at a few stand-out tales involving spooky plaintiffs, scary defendants and Halloween-inspired litigation.
Banana Battle. Kmart is currently facing a lawsuit filed in New Jersey federal court last month over a full-body banana costume, which a New Jersey company alleges it owns the rights to. Rasta Imposta, which also names
Fun-Size Fight: A fight between Mars Inc. and Standard Brands Inc. broke out in 1974 in the U.S. District Court of the Southern District of
Mr. Popularity. The sexual harassment allegations swirling in Hollywood have spurred U.K.-based FunkyBunky to peddle the “Harvey Weinstein Producer Mask” for about $3.80 each, reports The Sun.
Speaking of Weinstein. The #MeToo movement has resulted in fewer princess and mermaid costumes. Reuters reports that empowerment-themed outfits for girls are popular this year, including Rey from Star Wars and Wonder Woman.
Bustle in the Hedgerow. Two teenagers disguised as bushes are spooking unsuspecting passersby in a Rahway, N.J., park. “Don't need these 2 lunatics running around scaring people,” wrote a resident on the town's community Facebook page, Vice reports. Local police have vowed to make arrests if the pranksters continue their rampage.
Costume Crackdown. One elementary school in Oregon may have dodged a Constitutional crisis. There will be no costumes this year at Scholis Heights Elementary in Beaverton, a local news affiliate reports. The school principal said that she didn't want parents and kids to be “made to feel uncomfortable for having to choose between their family's beliefs and the school's activities.” Instead of its annual parade of pirates, ghosts and scarecrows, the school will celebrate Crazy Sock Day.
Under “Stupid Idea” Heading. Fun.com was selling an Anne Frank-inspired costume on its HalloweenCostumes.com, which showed a girl wearing a World War II-type outfit, reports a Wisconsin outlet. It has pulled the costume.
Creepyright Law. A copyright fight erupted in the Eastern District of Pennsylvania in 2000 over the marketing of the mask from John Carpenter's movie, Halloween. Don Post Studios Inc. claimed that Cinema Secrets Inc.'s marketing of a costume mask similar to a mask created by the studio for the movies was infringement. No dice, said Judge Eduardo Robreno.
Not funny. The Simi Valley City Council in California has unanimously repealed a controversial 2012 ordinance that banned registered sex offenders listed on the Megan's Law website from opening their doors to trick-or-treating children on Halloween, reports VC Star. The vote was in response to the second federal lawsuit filed in five years challenging the law's constitutionality. The repeal is effective immediately and comes in time for the Oct. 31 holiday.
Once Bitten. In 2010, Judge Richard Posner, on the U.S. Court of Appeals for the Seventh Circuit, cited the movie “Love at First Bite” in reference to how plaintiff Sabri Samirah, a Jordan citizen suing for permanent residence status, got into to the country. “[E]ven if it was in a coffin in the cargo hold of an airliner, disguised as Count Dracula (cf. Love at First Bite), he could have continued to seek to adjust his status to that of a lawful resident, until and unless he was removed.”
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