Nonfungible token (NFT) artist Ryder Ripps’ attempt to dismiss the Bored Ape Yacht Club-related lawsuit against him has been met with skepticism.
In an October 17 hearing, three judges from the United States Court of Appeals for the Ninth District were unconvinced by the arguments presented by Ripps and his lawyer. They argued that the case should be dismissed on the basis of free speech.
Ripps and his lawyer, Thomas Sprankling, claimed that the knock-off Bored Ape NFTs were sold as a form of protest against alleged anti-semitic imagery in the original collection. Sprankling cited a California law that aims to prevent intimidatory lawsuits, known as strategic lawsuits against public participation (SLAPP), to support their argument.
However, the judges seemed more interested in the secondary sales of the NFTs themselves and dismissed arguments related to artistic criticism. They questioned the similarities between Ripps’ images and those from the original collection.
Background of the Lawsuit
The lawsuit was filed by Yuga Labs in July 2022, accusing Ripps and Jeremy Cahen of trademark infringement, false advertising, and unfair competition. Yuga Labs alleged that Ripps and Cahen made millions of dollars from their derivative NFT collection called RR/BAYC.
A California District Court ruled on April 21 that Ripps and Cahen had infringed Yuga Lab’s trademarks with their collection. The court has yet to announce the conclusion of the case and determine damages.
Hot Take: Judges Unconvinced by Free Speech Argument in Bored Ape Lawsuit
In a recent hearing, three judges from the US Court of Appeals for the Ninth District appeared skeptical of artist Ryder Ripps’ attempt to dismiss the Bored Ape Yacht Club-related lawsuit against him based on free speech grounds. Ripps and his lawyer argued that the knock-off Bored Ape NFTs were sold as a form of protest against alleged anti-semitic imagery in the original collection. However, the judges focused on the similarities between Ripps’ images and those from the original collection, suggesting they were more interested in the secondary sales of the NFTs themselves. The lawsuit, filed by Yuga Labs, accuses Ripps and Jeremy Cahen of trademark infringement, false advertising, and unfair competition.
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