ryder-ripps-v-yuga-labs

Ryder Ripps v. Yuga Labs is the lawsuit over Ripps’ “RR/BAYC” project—an NFT collection that used the same ape images/branding as Yuga’s Bored Ape Yacht Club (BAYC) but framed by Ripps as a parody of a cryptoscam because RR/BAYC is either a trademark violation-- or Bored Ape NFT's aren't "totally unique". court listener

"To the extent that the “continued infringement” is Defendants’ continued criticism of Yuga, its marks, and its business practices, the proposed injunction is far too broad. The legal authority that Yuga cites in support of its severe and overly broad injunction actually supports Defendants’ position because it affirms an injunction as not overly-broad because, “it does not prevent Sis–Joyce from selling non-infringing products or from engaging in speech that does not constitute infringement or intentional interference with economic advantage.” American Rena-Int’l Corp. v. Sis-Joyce Int’l Co. Ltd., 435 F. App’x 633, 636 (9th Cir. 2013) (emphasis added). Yuga’s proposed injunction would try to stop Defendants’ non- infringing speech." appellate oral argument

On appeal, the Ninth Circuit reversed the district court’s grant of summary judgment for Yuga on the trademark infringement and cybersquatting claims and sent the case back—meaning Yuga hadn’t (at summary judgment) carried what the panel said it needed to show (notably around trademark confusion issues) and a trial-level resolution was required.

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