NEW YORK (AP) — A New York judge has dropped a copyright claim by the legendary rock band The Velvet Underground from a lawsuit it brought against the Andy Warhol Foundation over a banana image Warhol created.

Federal Judge Alison Nathan eliminated the copyright claim Friday, though she left in place trademark claims. The banana image was used by the group on its first album cover in 1967.

The judge notes the Warhol Foundation has promised not to accuse The Velvet Underground of copyright infringement. The lawsuit claims the foundation slipped up when it licensed the design for use on iPhone and iPad products.

Attorney Clifford James says The Velvet Underground disagrees with the ruling and believes it will win its trademark claims. A Warhol Foundation lawyer declined to comment on Monday.