Velvet Underground Sues Andy Warhol Foundation for 'Banana' Copyright Infringement

Hayley Madden,Redferns/Verve

Nearly 45 years after a banana appeared on their iconic 1967 debut album, the Velvet Underground are suing the Andy Warhol Foundation for the Visual Arts citing copyright infringement and seeking unspecified damages.

According to the New York Post -- and also reported by Exclaim -- Lou Reed and John Cale claim the image's use on products like iPad cases and shoulder bags is deceiving, leading people to believe the group have allowed the "sponsorship or approval" to these products. The lawsuit was filed in a Manhattan federal court.

"It is not merely the graphic reproduction by Andy Warhol of a piece of fruit: it is the 'iconic' VU banana," the suit says. "Inasmuch as the Warhol Foundation has such a large number of Andy Warhol designs, all of which are presumably unique works that are highly valued in the marketplace, there would appear to be no economic need to include the banana design among the designs that defendant licenses," court papers state.