Court Roundup

New York
Judge nixes rock group’s Warhol copyright claim
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.

South Dakota
Death of girl at day care sparks civil lawsuit
MITCHELL, S.D. (AP) — The parents of a 3-month-old girl who died at an in-home day care in rural Mitchell three months ago are suing the owner of the day care.
Parents Amy Ruml and Donald Howard claim that Lacey Tebay was negligent in the death of Brooklyn Howard, who the parents say died after being attacked by another child at the day care. The parents want a jury to determine damages.
Authorities decided not to file criminal charges in the June 19th death, saying ithat an investigation found no criminal activity on the part of the day care.
The lawsuit filed by Brooklyn’s parents alleges that Tebay failed to properly care for Brooklyn, left her alone in a room with as many as seven other children and then ignored her cries when one of those other children, a 5-year-old, “kicked, hit and stepped on” her, causing multiple skull fractures.