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Yuga Labs’ $9 million legal victory against artist Ryder Ripps and his business partner Jeremy Cahen has been reversed by the US Ninth Circuit Court of Appeals.
On July 23, the court decided that Yuga Labs had not yet proven that the non-fungible token (NFT) project launched by Ripps and Cahen was likely to mislead buyers. As a result, the case will return to a California district court for a full trial.
Yuga Labs co-founder Greg Solano posted on X that they "will now finish the fight in the district court".
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Despite losing the financial award, the court confirmed that NFTs can be considered "goods" under US trademark law. That could make it easier for NFT creators to sue over copycat projects in the future.
The judges also agreed that Yuga Labs was the first to use the Bored Ape Yacht Club name in a commercial context. Solano stated that it showed Bored Ape Yacht Club NFTs are valid trademarks and called it "an important win for every NFT holder".
The legal fight began in 2022 when Yuga Labs sued Ripps and Cahen over their NFT collection called "Ryder Ripps Bored Ape Yacht Club". Yuga argued that the collection copied their original Bored Ape Yacht Club NFTs.
The next phase of the legal process will involve a closer look at Yuga Labs’ claims of trademark misuse and cybersquatting.
Meanwhile, a legal case targeting Dolce & Gabbana’s US division over a failed non-fungible token (NFT) venture has been dismissed. Why? Read the full story.
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