Source: AdobeStock/Alexandrilich
Thank you for reading this post, don't forget to subscribe!A federal judge in California ruled that Yuga Labs, the blockchain company behind some of the NFT boom’s most popular collectibles, is entitled to nearly $1.6 million in damages from a conceptual artist who copied Bored Ape and his business partner, as well as legal Entitled to receive fee. NFT art.
On October 26, US District Judge, John Walter, determined that Bored Ape Yacht Club is entitled to more than $1.5 million in damages from Yuga Labs, the creator of the non-fungible token (NFT), conceptual artist Ryder Ripps and his business partner. Jeremy Cahen. Ripps and Kahane had copied Yuga’s NFT art, claiming it was an art project intended to criticize racist elements in Yuga’s works.
Well, looks like it was a good day @yuglabs Who just won ~$1.5 million in damages in their trademark infringement case, plus attorneys’ fees and costs (so conservatively another $1 million and probably much more?). Hope their lawyers have some fun at the monkey festival. pic.twitter.com/BvP8jrBi0T
– Birdnals (@BirdnalsLAW) 26 October 2023
The decision in question follows an earlier ruling by the United States District Court for the Central District of California, which determined that Ryder Ripps and Jeremy Kahane had indeed infringed Yuga Labs’ trademarks with their NFT collection in April.
As a result, Yuga Labs was granted an injunction followed by a trial which would determine the extent of damages to be awarded to Yuga Labs.
Judge rules in favor of Yuga Labs, orders Ripps and Kahn to pay damages and hand over assets in NFT lawsuit
In yesterday’s lawsuit, Judge Walter said that Ripps and Kahane must pay Yuga all profits earned from their copied NFTs. He rejected their defense that their copies were satirical and ruled that they deliberately used the era’s success for profit.
Federal Judge John Walter said,
“The defendants were not making any parody or satire. Instead, they were deliberately using the BAYC marks in an attempt to profit from Yuga’s success.
The judge also awarded Yuga attorneys’ fees and $200,000 in damages for cybersquatting. Additionally, he ordered Ripps and Kahn to stop selling the copied NFTs and transfer their respective digital assets and social media accounts to Era Labs.
Yuga accused Ripps and Kahane of making millions of dollars by copying the Bored Ape token, which they defended as art and criticism. The case is currently under review by the 9th US Circuit Court of Appeals based on California law protecting free speech.
Rider Ripps and Jeremy Kahane’s attorney, Lewis Tompros, expressed his disagreement with some aspects of the judge’s decision and indicated his intention to appeal the decision.
Meanwhile, a Yuga Labs spokesperson welcomed the decision, saying it not only tackles scammers but also supports creators in the advancement of Web3 experiences globally.
Legal battle over bored app NFT copycats intensifies as judge argues for dismissal
Earlier this month, attorneys for Ryder Ripps and Jeremy Kahane struggled to convince a panel of judges to dismiss a lawsuit filed by Bored Ape Yacht Club against their clients.
Three judges of the United States Court of Appeals for the Ninth District appeared skeptical about the arguments presented by Ripps and Kahane’s attorneys, with the panel’s judges focusing their analysis on the secondary sales of copycat NFTs, not Ripps’ additional On criticisms. And Kahane.
The lawyer tried to convince them that the case should be dismissed on free speech grounds, claiming that the knock-off Bored App NFTs were sold as a protest against the anti-Semitic imagery allegedly hidden in the original collection. And was distributed.
One of the circuit judges, Morgan Christen, expressed skepticism, saying, “I still don’t see it,” and suggested they were looking for a clear principle to determine whether this legal action would be warranted. is acceptable.
The lawsuit began in June 2022, when Yuga Labs accused Ripps and Kahane of making millions of dollars through trademark infringement, false advertising, and cybersquatting, among other allegations.
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