– NFT artist Ryder Ripps’ attempt to dismiss the lawsuit against him by Bored Ape Yacht Club (BAYC) has been met with skepticism by judges.
– Three judges from the United States Court of Appeals for the Ninth District expressed doubts about Ripps’ and Jeremy Cahen’s arguments that the case should be dismissed on the grounds of free speech.
– Ripps’ lawyer argued that the knock-off Bored Ape NFTs were sold as an avant-garde exercise that challenged the boundaries of speech and should be protected under California’s anti-strategic lawsuit law.
– However, the judges seemed more focused on the secondary sales of the NFTs and dismissed arguments related to artistic criticism.
– Yuga Labs filed a lawsuit against Ripps and Cahen in July 2022, alleging trademark infringement, false advertising, and unfair competition related to a derivative NFT collection called RR/BAYC.
– In April 2023, a California District Court found Ripps and Cahen guilty of infringing Yuga Lab’s trademarks with their RR/BAYC NFT collection.
– The court is yet to announce the conclusion of the case and determine the scope of damages to be paid to Yuga Labs.