Yuga Labs (yugalabs) has a solid case against conceptual artist Ryder_Ripps for trademark violations, but it might still be a strategic mistake for the brand and draw attention to damaging conspiracies. Opinion by danielgkuhn for 'The Node' newsletter
– a longstanding protection for artistic use of trademarks – did not apply in Ripps’ circumstance because the RR/BAYC series’ use of the underlying BAYC’s intellectual property failed to"express an idea or point of view” and was used to further Ripps' own"commercial activities.”
Discussing Ripps’ work, the judge said that “commercial activities designed to sell infringing products [is] no more artistic than the sale of a counterfeit handbag.” Perhaps it was worth it for the dominant NFT company, Yuga, which has historically been “generous” in terms ofover their NFTs, to take a stand regarding their intellectual property. But it still seems odd that a $4 billion enterprise is concerned at all with Ripps’ actions – which, if being honest, have artistic merit.
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