- Associated Press - Wednesday, January 11, 2012

NEW YORK (AP) - Legendary rock band The Velvet Underground is suing the Andy Warhol Foundation over the banana design created by Warhol and used by group on its first album cover in 1967.

The lawsuit filed Wednesday in federal court in Manhattan says the foundation slipped up when it licensed the design for use on iPhone and iPad products.

The lawsuit says the group’s first record became known as “The Banana Album” because of the design and it has since become a symbol of The Velvet Underground.

The suit asks a judge to declare that the foundation has no copyright rights in the design because it is in the public domain and that the band be awarded any profits the foundation has received.

A message for comment left with the foundation was not returned.

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