As you may recall, Velvet Underground’s Lou Reed and John Cale filed a lawsuit against the Andy Warhol Foundation over licensing issues regarding the iconic banana image back in January 2012.

Last Friday, Manhattan federal Judge Alison Nathan dismissed the band’s request but her ruling doesn’t affect three other claims filed by the band.

According to The Hollywood Reporter:

Nathan determined that there’s no live controversy on copyright, this particular claim was dismissed, which means there probably won’t be any further investigation in this case about who actually owns the copyright …

The case, however, will continue based on trademark grounds alone. The band claims that the banana cover “has become so identified with The Velvet Underground… that members of the public, particularly those who listen to rock music, immediately recognize the banana design as the symbol of The Velvet Underground” and fears the image will lead consumers to believe the band has endorsed the products.

For more information, please visit: www.hollywoodreporter.com.