The Velvet Underground Files Suit to Protect Famed Banana Logo

(New York Post) - Legendary rock band the Velvet Underground sued the Andy Warhol Foundation for the Visual Arts Wednesday in a dispute over the iconic banana image from its groundbreaking debut album.

Band members Lou Reed and John Cale say the foundation, established after the 1987 death of the famed artist, illegally licensed the logo for use on iPad cases and accessories as part of a greedy effort to exploit the "goodwill" generated by their influential combo.

The Manhattan federal court filing accuses the foundation of trying to "deceive the public" into thinking the band gave their "sponsorship or approval" to the products, which include a $149.95 shoulder bag and a $59.95 protective sleeve.

Warhol, who served as the band's manager and producer, created the cover for its 1966 album "The Velvet Underground and Nico" using a banana image taken from "an advertisement in the public domain," court papers say.

The artist even got a split of the band's $3,000 advance for the record "in consideration for his furnishing the illustration" that adorns what Rolling Stone magazine has ranked the 13th "Greatest Album of All Time," according to the suit.

But while Warhol never copyrighted the design -- which included the words "PEEL SLOWLY AND SEE" near the stem -- his musical proteges say it has since become "a symbol, truly an icon, of The Velvet Underground."

"VU's use and application of the design to symbolize the group and its whole body of work has been exclusive, continuous and uninterrupted for more than 25 years," the suit says.

The Manhattan federal court filing -- which seeks unspecified damages for trademark infringement and unfair competition -- notes that the foundation owns more than $120 million worth of Warhol's art and makes more than $2.5 million a year licensing various images.

The suit further charges that the "only reason" to license the banana image "is to capitalize on the goodwill established by VU and vested in the symbol."

A spokeswoman for the Warhol Foundation declined to comment.

Read more: New York Post