Universal Motown Records GroupA federal judge in New York has dismissed a copyright claim in a lawsuit brought by The Velvet Underground against the Andy Warhol Foundation earlier this year, according to The Hollywood Reporter.

The complaint centers around the iconic cover of the band's 1967 debut album, The Velvet Underground & Nico, which was designed by Andy Warhol and features a banana set against a white background, along with Warhol's signature.

The band objected to the foundation licensing the image for iPhone and iPad cases, and as part of their suit, claimed that the Warhol Foundation couldn't claim a copyright on the image.  In response, the foundation legally promised not to sue the Velvet Underground for copyright infringement should the band use the image.  The judge on Friday ruled that since the foundation had agreed not to sue Velvet Underground over their use of the image, the copyright claim was unnecessary.

A trademark claim in the lawsuit remains.

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