Yuga Labs Win Shows TM Law Works Better for NFT Creators
Intellectual Property attorney Thomas Brooke co-authored a Law360 article about Yuga Labs Inc. filing a complaint against conceptual artist Ryder Ripps for his use of Yuga's Bored Ape Yacht Club trademark in connection with Ripps' own Ryder Ripps Bored Ape Yacht Club NFT collection. The law governing use of a third party in online images continues to develop, especially with NFTs. Mr. Brooke explains that copyright law allows parties to make transformative use of third-party images and trademark law is based upon the concept of protecting consumers from confusion over the source of goods or services. He wrote that clever modifications of well-known brands or images are likely to cause confusion. The author breaks down Yuga's motion to strike emotional distress counter claims and the key takeaways that this case has on issues related to use of third-party intellectual property by creators of NFTs.