A judge ruled ryder_ripps' RR/BAYC NFTs violated yugalabs’ BoredApeYC copyright. thesamreynolds reports
– have the potential to create confusion with the judge concluding that the defendant's actions are driven by a malicious intent to profit and the two are engaging in cybersquatting.
Yuga Labs argued that it should receive $200,000 in statutory damages for the cybersquatting. However, the court dismissed this claim and declared that the determination of damages would be made during a pending trial. Ripps and Cahen also attempted to argue that because NFTs are intangible, they aren’t protected under the Lanham Act, which governs trademarks, service marks, and unfair competition, providing protection against infringement and false advertising.
The judge disagreed, arguing that NFTs, as virtual goods, still qualify as goods under the Lanham Act due to their unique, traceable, and brand-associated characteristics., Yuga Labs reached a settlement in February with the developer of the RR/BAYC websites and smart contracts, Thomas Lehman. “It was never my intention to harm Yuga Labs’ brand, and I reject all disparaging statements made about Yuga Labs and its founders and appreciate their many positive contributions to the NFT space,” Lehman said at the time.
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