Resurrecting Andy Warhol : The Velvet Underground sues The Andy Warhol Foundation Over Use of Banana Artwork

  1. Twenty five years after his death, Andy Warhol’s legacy, The Andy Warhol Foundation for the Visual Arts (“Foundation”), is being sued by the iconic band The Velvet Underground partnership (“VU”) for trademark infringement.  The case is The Velvet Underground v. The Andy Warhol Foundation for the Visual Arts, 12-0201, U.S. District Court, Southern District of New York (Manhattan), filed on January 11, 2012.  Specifically, VU’s four claims include: (1.) there are no copyrights in the banana design and is requesting such declaratory judgment, (2.) false designation of origin of the banana by the Foundation, (3.) unfair competition by the Foundation under New York common law, and (4.) misappropriation of the alleged trademark by the Foundation. The Foundation is due to respond to VU’s complaint in federal court on or before March 5, 2012.

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