Bored Apes stunt backfires on satirist
A California court ruled that a digital artist’s satirical NFT project violated the Bored Ape Yacht Club trademark, delivering a legal win to the collection’s creator, Yuga Labs.
The April decision focused on Ryder Ripps, a U.S.-based artist recognized for bold public statements. Ripps and collaborators released an NFT series called RR/BAYC, which replicated Yuga Labs’ Bored Ape images. Rather than pursuing copyright claims, Yuga Labs filed suit for trademark infringement, dilution, unfair competition, and false advertising.
Court sides with Yuga Labs on key claims
Judge John F. Walters issued summary judgment on several of the claims, including false designation of origin—treating unregistered marks as enforceable—and cybersquatting tied to domains such as rrbayc.com and apemarket.com.
The decision established that NFTs operate as virtual goods with commercial value under trademark law, not merely as digital receipts. It also confirmed that Yuga Labs had built strong recognition in the BAYC marks, that Ripps deliberately copied the branding, and that his use risked confusing buyers. Evidence showed actual confusion occurred.
Walters stated he could “easily conclude” the actions violated BAYC’s trademark rights. Damages, however, were not determined and will be addressed in a trial.
First Amendment defense rejected
Ripps claimed the RR/BAYC project fell under First Amendment protection as expressive art. The court rejected this argument, finding the NFTs “do not express an idea or point of view” and that their sale “contain no artistic expression or critical commentary.”
The ruling described Ripps’ activities as “all commercial activities designed to sell infringing products, not expressive artistic speech.” The judge likened the sale of RR/BAYC NFTs to counterfeit handbags, removing any artistic defense.
This outcome comes as courts continue to clarify the legal status of NFTs, especially regarding copyright. Many projects use computer-generated or algorithmic artwork, which complicates original authorship claims. Trademark law, however, provides clearer protections for brand identity—an area Yuga Labs has actively defended.
The dispute also reflects broader tensions in Web3, where decentralization and creative freedom frequently collide with traditional intellectual property rules. While blockchain technology enables open innovation, courts apply existing legal standards to digital asset conflicts.
For now, the ruling makes clear that even in NFT markets, replicating a brand’s visual identity and selling similar products can result in legal penalties, regardless of artistic intent. The amount Ripps may owe Yuga Labs remains unresolved and could set a new standard for damages in digital art cases.
Such cases show the need for updated protection of critical infrastructure in digital spaces, where rapid technological change often outpaces legal frameworks.
