Trademark Tug-of-War: BAYC vs. RR/BAYC in Ongoing NFT Showdown

Estimated read time 3 min read

The Latest Legal Showdown

In an unexpected twist of events that feels like a plot from a B-movie, one of the founders of the RR/BAYC NFT collection has decided to challenge a slew of trademark applications from Yuga Labs, the company behind the original Bored Ape Yacht Club (BAYC). Ryder Ripps and Jeremy Cahen, the brains behind RR/BAYC, are sparring with Yuga Labs over some fruity intellectual property claims. If you thought NFTs were just for buying cute digital monkeys, think again!

Opposition Notice on the Table

On February 9, Jeremy Cahen took his battle to the United States Patent and Trademark Office (USPTO), filing an opposition notice against ten trademark applications that Yuga Labs initially submitted back in 2021. At the time of writing, all of Yuga’s trademark filings are in a state of suspense, marked ‘pending,’ like an awkward pause at a family dinner.

What’s at Stake?

Yuga Labs’ trademark applications encompass a cornucopia of digital goodies, including BAYC logos, artwork, and branding choices that could range from nonfungible token (NFT) art to metaverse wearables. But they didn’t stop there! They also have their eyes set on the physical realm, eyeing products like clothing, jewelry, and other swag that screams BAYC. Will we soon see BAYC-branded keychains? Only time will tell!

Cahen’s Claims: A Witty Retort

Cahen’s opposition is not just a simple “no thanks!”; he argues that Yuga Labs has abandoned their rights to certain logos and artwork following the sales of BAYC NFTs. He claims that the selling of these NFTs granted “all rights” of the digital images to the buyers. This is like saying, “Thanks for the money, but you don’t own anything!”

Legal Circus or Genuine Concern?

A spokesperson from Yuga Labs, however, remains unfazed and dismissed Cahen’s opposition as just another shiny distraction. “The Trademark Office has preliminarily approved our trademark applications, and we are confident they’ll be fully approved soon,” they said. They shot back, claiming that the real issue is Cahen’s supposed infringement of Yuga’s intellectual property. Talk about a plot twist!

You Can’t Make This Up!

In a move that reminds us of a buddy cop movie, the continuous tussle between Yuga Labs and the RR/BAYC duo has escalated to legal brawls, with Yuga Labs previously suing Ripps and Cahen back in June 2022. The drama thickened when just a few days after Cahen’s recent filing, Yuga Labs settled a separate lawsuit against Thomas Lehman, another RR/BAYC entanglement. Comedy and legal drama seem to go hand-in-hand!

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