Velvet Underground stars Lou Reed and John Cale have been dealt a setback in their court battle over the use of the band's iconic banana logo.
The pioneering 1960s rockers launched legal action against officials at the Andy Warhol Foundation for the Visual Arts last year (11) alleging they had illegally licensed the image that graces the cover of the group's debut album.
They accused foundation bosses of licensing the logo for use on various products, claiming it implies the band's consent to any sponsorship, and they are demanding unspecified damages for trademark infringement and unfair competition.
However, the musicians were dealt a blow this week (beg10Sep12) when a judge in New York threw out their request for a court order ruling that the foundation does not own the image's copyright. Three other allegations in the lawsuit are still being contested.
Reed and Cale's lawyer, Clifford James, tells the New York Post, "We respectfully disagree with the court's decision."