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VELVET UNDERGROUND v. ANDY WARHOL FOUNDATION

No. 12 Civ. 00201 (AJN).

890 F.Supp.2d 398 (2012)

The VELVET UNDERGROUND, A Partnership, By Its General Partners, John Cale And Lou Reed, Plaintiff, v. The ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC., Defendant.

United States District Court, S.D. New York.

September 7, 2012.

Attorney(s) appearing for the Case

Christopher Robert Whent, Law Office of Christopher R. Whent, Clifford James, Law Offices of Clifford James, New York, NY, for Plaintiff.

Jess Michol Collen, Joshua P. Paul, David Bruce Ewen, Lisa A. McAndrews, Collen IP, Ossining, NY, for Defendant.

OPINION AND ORDER

ALISON J. NATHAN, District Judge.

In its Second Amended Complaint, Plaintiff The Velvet Underground ("VU") seeks, inter alia, a declaration that Defendant The Andy Warhol Foundation for the Visual Arts, Inc. (the "Warhol Foundation") has no copyright in a banana image designed by artist Andy Warhol (the "Banana Design"). (SAC ¶¶ 2, 43). The Warhol Foundation has covenanted not to sue VU for copyright infringement...

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