A judge ruled in favor of Yuga Labs, the creator of the Bored Ape Yacht Club NFTs, after they sued Ryder Ripps and Jeremy Cahen for releasing an NFT collection that used identical BAYC artwork.
A judge has ruled in favor of Bored Ape Yacht Club creator Yuga Labs in a lawsuit against conceptual artists Ryder Ripps and Jeremy Cahen, whom Yuga Labs accused of trademark infringement over a parody of BAYC’s non-fungible token collection. On Friday, a California court said that Yuga was entitled to protect the BAYC trademark and that Ripps and Cahen’s project, known as RR/BAYC, isn’t artistic expression protected by the First Amendment.
It’s simply “a collection of NFTs that point to the same online digital images as the BAYC collection,” the ruling states, while noting that “defendants’ NFT marketplace sales and Ape Market website contain no artistic expression or critical commentary.” Applying copyright and trademark laws to NFTs is largely uncharted territory, and Ripps and Cahen argued that Yuga Labs transferred its trademark rights to the people who purchased BAYC NFTs. But the court was unconvinced.
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