Ahead of the holiday, one costume maker is taking a mega-store to court over a Halloween costume.

FOX's Anna Eliopoulos reports:

Costume maker Rasta Imposta says that Kmart was a faithful customer, buying their funny Halloween costumes since 2008 up until last week.

But now the New Jersey company is suing the retailer and its parent company Sears for copyright infringement, claiming that Kmart began selling a men's banana costume in August that looks like one they made in 2010.

According to the complaint, the vertical lines, the ends of the banana, the cut out holes, and even how the costume sits on the body are all copied. Rasta Imposta is also suing for unfair competition, and seeking unspecified damages.

Kmart has yet to respond.

Anna Eliopoulos, FOX News.