Turning a Blind Eye to Convenience: Forum Non Conveniens and the Second Circuit’s Ignorance of the New York Convention

Figueiredo Ferraz E Engenharia de Projeto Ltda. v. Republic of Peru 2011 WL 6188497   INTRODUCTION             In 2011, the Second Circuit took up the issue of Forum Non Conveniens in a case involving the enforcement of an arbitration award …

All Tomorrow’s Parties (Tied Up In Litigation)

The 1967 Velvet Underground album “The Velvet Underground and Nico” featured the song “All Tomorrow’s Parties,” a favorite song of Andy Warhol. The band paid tribute to Warhol on the album’s cover (below):

Now the Wall Street Journal is reporting:

The Velvet Underground sued a foundation that manages artist Andy Warhol’s legacy on Wednesday in a trademark dispute over the influential New York-based rock band’s iconic cover for its 1967 album “The Velvet Underground & Nico.”

The partnership (including band members Lou Reed and John Cale), which filed a lawsuit in Manhattan federal court on Wednesday, is seeking a declaration that the Warhol Foundation has no copyright interest in the design, the Wall Street Journal stated.

The band claims that The Andy Warhol Foundation for the Visual Arts Inc. has infringed the band’s trademark by licensing the banana image to third parties.

This should be a fun trademark case to watch. In the meantime, sit back, relax and enjoy All Tomorrow’s Parties.