The Velvet Underground lose copyright claim over iconic banana symbol

Judge dismisses claim by defunct band over rights to the Andy Warhol image from their 1967 album

The Velvet Underground lose copyright claim over iconic banana symbol
A New York judge has rejected part of a lawsuit brought by the The Velvet Underground against the the Andy Warhol Foundation for the Visual Arts over the use of the iconic banana symbol from their 1967 album 'The Velvet Underground And Nico'.

In January this year, the defunct 1960s band, formed by Lou Reed and John Cale, filed a lawsuit seeking to block its iconic Andy Warhol-designed banana being used on covers for iPads and iPhones after reports that they had agreed to license the design for a series of cases, sleeves and bags.

According to the lawsuit, the group claimed the banana design is synonymous with The Velvet Underground and demanded that Warhol's foundation stop licensing the image and pay them for past licensing.

According to the Hollywood Reporter a judge has now ruled that the band do not have a valid copyright claim. However, they can continue pursuing the Foundation for trademark infringement – in which they would need to argue the case that the Foundation's use of the banana causes "confusion as to … affiliation, approval or sponsorship" by the group.

The Warhol Foundation has responded by pointing to the fact that the Velvet Underground broke up in 1972 and that trademarks are only relevant if they are linked to an ongoing business.

In July, The Velvet underground announced that they would reissue the album as part of a six-disc package on October 1 to celebrate its 45th anniversary.

Read More On This Artist

More News
Ant & Dec to host Brit Awards for first time in 14 years in 2015
Lil Wayne says his new album is delayed because he's been 'skating too much'
Young Fathers: 'Mercury Prize victory will not change anything'
Pink Floyd's Dave Gilmour to release solo album in 2015
Brian Eno shares previously unreleased track 'Prague' - listen
Sun Kil Moon's Mark Kozelek releases second War On Drugs diss track 'Adam Granofsky...
PJ Harvey streams cover of Nick Cave's 'Red Right Hand' - listen
Hip-hop group Young Fathers win Mercury Prize
Die Antwoord announce UK tour for 2015
Kitty, Daisy & Lewis announce new album produced by The Clash's Mick Jones
Bon Iver's Justin Vernon to host his own festival
The Dead Weather stream new song 'Buzzkill(er)' - listen
FKA Twigs reveals video for 'Video Girl' ahead of Mercury Prize ceremony
Rock band Huxtable win competition to support Biffy Clyro at Relentless Live gig
Joan Jett, Carrie Brownstein and Alexis Krauss appear in women's rights campaign video
Midweek Chart Update: Taylor Swift set for Number One spot in Official Album Chart
Nas shocked to learn of enslaved ancestors during US TV show 'Finding Your Roots'
Royal Blood and FKA Twigs see significant sales boost following Mercury Prize nominations
Julian Casablancas says his 'iron-fisted' creative control of Strokes led to problems
Calvin Harris collaborates with Haim on new song 'Pray To God' – listen
'Drive' director says working on Radio 1's re-scored version of the movie was...
O2 Priority Tickets available for Deep Purple, Dynamo, Placebo, Tony Bennett & Lady Gaga

More News

Comments

Please login to add your comment.

Latest Tickets - Booking Now
 
Know Your NME
 

 
NME Store & Framed Prints
Inside NME.COM