This week, the famous US rock band The Velvet Undergroud lost a copyright claim against The Andy Warhol Foundation. In January of this year, the band sued the Foundation for licensing the banana image, designed by Andy Warhol for the cover of The Velvet Undergrounds debut album in 1967, for use on other products, including iPad covers and accessoires. 

The Velvet Underground stated that the banana image became so identified with the band, that the public immediately recognizes it as a symbol of The Velvet Underground. Although the band broke up in 1972, it claimed the exclusive use of the banana image in licensed merchandising for more than 25 years. The band argued that The Warhol Foundation didn't have any intellectual property rights on the image. 

Remarkably, The Warhol Foundation and The Velvet Underground agreed not to sue each other for copyright infringement in March. However, according to The Velvet Underground, this agreement didn't cover future licenses. The court rejected this argument and dismissed the copyright claim without prejudice, meaning that it could be brought before the court again.  Also, The Velvet Underground still has a trademark lawsuit running against The Warhol Foundation. In other words: the struggle around the banana is not over yet.

Sources: BBC, Reuters, Hollywood Reporter