The creator of the non-fascinating tokens (NFTS) of the Yacht Ape Bored club must better prove that a “satirical” version of these tokens was supposed to mislead potential buyers, said a court of appeal from the United States on Wednesday, canceling a lower justice decision and returning the case to this lower court for a new trial.
The American Court of Appeal for the Ninth Circuit ruled that a district court concluding that the NFT collection of Ryder Ripps had injured the NFT NFT of the Yuga Labs brand must be reconsidered, but without weighing on the fact that there was indeed a brand violation – only that Yuga needed to do a better demonstration of the law under a new trial, said a legal document.
Ryder Ripps and Jeremy Cahen, the duo behind the RR / BAYC NFT collection, had previously argued that their tokens were supposed to be a satirical response to the real BAYC. Yuga Labs continued in 2022, alleging a counterfeit and a cybersquat.
A partial summary judgment of a district judge noted that Yuga was making his own brands to his NFT Club Nft NFT Yacht collection and that the RR / BAYC NFT collection of RIPPS caused confusion because the images seemed similar. The RIPPS appealed the final decision, which included a fine of more than $ 8 million to pay in Yuga. The Court of Appeal said that even if Yuga had priority on the brand due to the first to use “boring monkey yacht club brands”, it had not proven that RIPPS NFT caused confusion.
Nevertheless, the Yuga laboratories must resume the trial. “Yuga can ultimately prevail over these claims, but to do so, he must convince a factfinder at the trial,” said the file.
