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Judge Orders NFT Artists to Pay $1.57 Million in Bored Ape Lawsuit

The Verdict is In!

In a dramatic conclusion to a high-profile legal battle, a U.S. district court judge, John Walter, has ordered NFT artists Ryder Ripps and Jeremy Cahen to pay a staggering $1.57 million to Yuga Labs, the creator of the celebrated Bored Ape Yacht Club (BAYC) NFTs. This hefty sum breaks down to $1.37 million in disgorgement of profits, plus a cool $200,000 for statutory damages associated with cybersquatting. Talk about a costly case of ‘copycat’ creativity!

Background of the Case

This saga kicked off in June 2022 when Yuga Labs accused Ripps and Cahen of crafting knockoff versions of its BAYC collectibles, which have become iconic in the NFT community. The lawsuit took many twists and turns, but things really heated up with a partial summary judgment favoring Yuga Labs back in April. In the latest ruling, Judge Walter characterized the defendants’ actions as ‘malicious’ and highlighted their intent to profit from Yuga’s hard-earned trademark.

Financial Implications for the Artists

The financial repercussions for Ripps and Cahen don’t stop at the damages awarded. The judge also allowed Yuga Labs to recover attorney fees, noting that the trademark infringement case warranted such action due to the defendants’ behavior. It’s always a good idea to consider the costs before diving into the wild world of legal battles!

The “Free Speech” Argument

In an attempt to escape the lawsuit, Ripps and Cahen’s legal team invoked the first amendment, claiming that their works were merely satire and parody. However, Judge Walter wasn’t buying it. He dismissed their argument, stating the defendants continued to promote their copycat NFTs even after the unfavorable ruling in April. Talk about double trouble!

The Impact of the Case

This case is groundbreaking, not just for its monetary outcomes but also for the implications it carries for future NFT artists. The ruling establishes a precedent that might just put a damper on the tendency to create ‘inspired by’ artworks in the NFT world. It appears that Yuga Labs and other entities may now feel empowered to take action against those who threaten to dilute their brand.

“A trademark case is generally considered exceptional for purposes of awarding of attorneys’ fees when a party has taken positions that can be characterized as ‘malicious, fraudulent, deliberate or willful.’” – Judge John Walter

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