We don't know exactly how lawsuits work. And the last time we checked, you couldn't patent a moustache. Lord knows members of the Kotaku staff have certainly tried. But this Handyman costume... strikes us as more of a plumber type of attire.
But it all begs the question, who out there is dressing up as a game character for Halloween? We need to start planning this now, people. Well, we need to start planning this out vicariously. You need to start planning this out now.