As the leaves turn and Halloween decorations start popping up in stores, a blast from the ’90s is making headlines—not with neon stickers or glittery notebooks, but with a lawsuit. Iconic artist Lisa Frank, whose vibrant, rainbow-drenched designs defined childhoods for a generation, has filed a copyright infringement suit against retail giant Target and costume maker Seasons Ltd. The dispute? A spooky-yet-festive Halloween costume that Frank claims rips off her signature style, turning nostalgic joy into a legal battle just as the holiday shopping season ramps up.
The complaint was filed on September 3, 2025, in the U.S. District Court for the District of Arizona (Case No. 4:25-cv-00498), under Judge Scott H. Rash. Lisa Frank, Inc., the company behind the beloved brand, accuses Target and Seasons Ltd. of creating and selling a sandwich board-style costume that mimics the “look and feel” of Frank’s distinctive artwork. Described in court documents as resembling a notebook cover adorned with rainbows, bats, spiders, and a cartoon cat, the outfit blends ’90s whimsy with Halloween flair. Frank’s team argues that these elements—bold colors, playful animals, and psychedelic patterns—are protected under her copyrights, and the costume’s design could confuse consumers into thinking it’s officially licensed merchandise.
This isn’t the first time Frank has defended her empire of eye-popping art. Founded in 1979 by the artist herself, Lisa Frank, Inc. became a cultural phenomenon in the 1980s and ’90s, selling millions of school supplies, stickers, and apparel featuring unicorns, dolphins, and dreamlike landscapes in electric hues. The brand’s retro appeal has surged in recent years, fueled by social media nostalgia and merchandise revivals, generating an estimated $100 million in annual revenue at its peak. But with popularity comes copycats. Frank has a history of aggressive IP protection, including a 1992 federal case where she successfully enjoined a competitor from using similar trade dress on stationery products, and a 2018 settlement with a Canadian firm over unauthorized colorful designs. “Protecting our creative legacy is crucial in an era where trends cycle back so quickly,” a representative for Lisa Frank, Inc. stated in a brief company release following the filing, though no direct quotes from Frank or her legal team were available at press time.
Legal experts in intellectual property law see this as a textbook clash between artistic expression and commercial functionality. Costumes, often considered “useful articles” under copyright law, can still be protected if their aesthetic features are separable from the utilitarian aspects—like the decorative notebook design here. “This case highlights how even seasonal items like Halloween costumes aren’t immune to IP scrutiny, especially when they evoke a specific brand’s vibe,” says IP attorney Rebecca Tushnet, a professor at Harvard Law School who has followed similar disputes. “Frank’s designs are so iconic that imitation could dilute her brand, and courts have been receptive to such claims when confusion is likely.” Tushnet points to precedents like the 2017 ruling in Star Athletica v. Varsity Brands, where the Supreme Court clarified that clothing designs can be copyrighted if they’re artistic enough.
The potential fallout could ripple through the retail world. If successful, Frank’s suit seeks a permanent injunction to halt production and sales of the costume, plus damages for lost licensing fees and profits—potentially in the millions, given Target’s massive holiday sales volume. Target, which reported $107 billion in revenue last year, has not commented publicly, but Seasons Ltd. might face supply chain disruptions if the product is pulled early. Broader implications include heightened caution for retailers tapping into ’90s nostalgia trends, from Lisa Frank-inspired makeup to retro apparel lines. As e-commerce booms, experts predict more such lawsuits, especially around holidays when knockoffs flood the market. Next steps in the case include Target’s response filing, likely within 21 days, followed by possible discovery or a motion to dismiss arguing the costume’s design is too generic or transformative for Halloween.
In the end, this lawsuit underscores the enduring power of ’90s icons like Lisa Frank in today’s marketplace—and the costs of getting too close to that rainbow. For consumers eyeing festive outfits, it’s a reminder to check for official branding to avoid supporting unintended IP battles. As spooky season unfolds, one thing’s clear: even in a world of ghosts and goblins, protecting creative magic remains a serious affair.