One of the founders of the NFT RR/BAYC collection, imitation Bored Ape Yacht Club (BAYC), has filed an opposition brief against 10 Yuga Labs trademark applications.
This is yet another strange twist in the ongoing intellectual property dispute between BAYC creators Yuga Labs and RR/BAYC founders Ryder Ripps and Jeremy Cahen.
Cahen filed the notice of challenge with the United States Patent and Trademark Office (USPTO) Trademark Trial and Appeals Board on February 9.. At the time of writing this report, the opposition status on all trademark applications was “pending”.
Yuga Labs trademark applications were mainly filed in the second half of 2021. They encompassed various BAYC logos, artwork, and branding for potential use in digital products such as non-fungible token (NFT)-based art, trading cards, and metaverse wearables.
The documents also mention the potential of BAYC’s physical products such as clothing, jewelry, watches and key chains, along with entertainment services such as games, television and music.
Speaking to Bloomberg Law on February 11, a Yuga Labs spokesperson downplayed the chances of success for Cahen’s opposition, suggesting that the move was just another attempt to cause trouble for the company.
“The Trademark Office has preliminarily approved Yuga Labs’ trademark applications, and we look forward to its full approval in due course,” they said, adding that:
“Jeremy Cahen’s filing is just another attempt to divert attention from the real issue at hand, his infringement of Yuga’s intellectual property.”
In the notification, Cahen presents a long list of “opposition grounds” against Yuga Labs’ applications. Specifically, Cahen alleges that the company “gave up any rights” to certain logo designs and artwork because BAYC NFT sales granted “all rights” to the digital images to their owners.
It also claims that Yuga Labs is not the rightful owner of specific skull designs due to the company allegedly relinquishing the rights to decentralized autonomous organization (DAO) ApeCoin in March 2022.
Additionally, Cahen argues that Yuga Labs did not provide a “good faith intent to legally use” the trademarks in its submissions, as NFTs must be registered and classified as securities under federal law.
BAYC creators Yuga Labs sued digital artists Ryder Ripps and Cahen in June 2022 for using BAYC images in the RR/BAYC collection.. The company also alleged that the duo was intentionally “trolling Yuga Labs and scamming consumers” into buying their knockoff NFTs.
Cahen’s move also comes just three days after Yuga Labs settled a separate lawsuit against website RR/BAYC and smart contract developer Thomas Lehman.
As part of the agreement, Lehman agreed to a permanent injunction barring it from participating in any “confusingly similar” BAYC-related projects. In a statement, Lehman also distanced itself from Ryder Ripp and Cahen.
Clarification: The information and/or opinions expressed in this article do not necessarily represent the views or editorial line of Cointelegraph. The information presented here should not be taken as financial advice or investment recommendation. All investment and commercial movement involve risks and it is the responsibility of each person to do their due research before making an investment decision.
Investments in crypto assets are not regulated. They may not be suitable for retail investors and the entire amount invested may be lost. The services or products offered are not directed or accessible to investors in Spain.
