IPNews® – The Velvet Underground on Friday lost its copyright infringement claim against the Andy Warhol Foundation for the Visual Arts Inc. over the licensing of Warhol’s famous banana screenprint cover art for the band’s debut album, but the band’s remaining claims for trademark infringement remain intact.
A New York federal judge ruled that because the foundation had already agreed not to sue the band for copyright infringement, the court had no jurisdiction to hear the band’s claim seeking a declaratory judgment that the foundation had no copyright in the banana. Discovery for the band’s trademark infringement claims regarding the foundation’s plans to license the banana image for a line of iPad and iPhone cases is currently scheduled to wrap up by February. To continue reading, click: Velvet Underground’s Banana Trademark Suit V. Warhol Foundation To Proceed Even As Copyright Claim Fails