Velvet Underground Sues Andy Warhol Foundation
The Velvet Underground has sued the Andy Warhol Foundation, accusing it of infringing the trademark for the banana design on the cover of the rock group’s first album in 1967.
However, the Velvet Underground never received trademark registration for the image from the U.S. Patent and Trademark Office. The band argues instead that it earned trademark rights by virtue of years of association with it.
The lawsuit filed in U.S. District Court in Manhattan claimed the foundation slipped up when it licensed the design for use on iPhone and iPad products and has ignored repeated requests to stop licensing the banana image.
Via The Wall Street Journal, Bloomberg Business Week, and The San Francisco Chronicle.
Tags: Andy Warhol, Art Law, common law, federal registration, music, Trademark
Even were the statement about Federal registration true, it is, of course, not necessary to register a trademark to sue for infringement.