Court Shows Skepticism over NFT Artist's Free Speech Defense in Bored Ape Yacht Club Lawsuit
Summary:
Ryder Ripps, a nonfungible token (NFT) artist, and his associate, Jeremy Cahen, are facing skepticism in their attempt to dismiss a lawsuit filed by Bored Ape Yacht Club. Their attorney argues the lawsuit infringes on free speech, given the contentious Bored Ape NFTs were sold as an act of protest against perceived anti-Semitic imagery in Yuga Labs' collection. The court, however, seems more interested in the resale of the NFTs and less in the artistic criticism. Yuga Labs accused Ripps and Cahen of making millions through trademark infringement, false advertising, and unfair competition with their derivative NFT collection. Ripps and Cahen push back claiming the lawsuit serves to stifle their "protest" art and overwhelm them with legal costs.
The recent efforts of nonfungible token (NFT) artist Ryder Ripps to have the Bored Ape Yacht Club's lawsuit against him dismissed have met with judicial skepticism. During a hearing on October 17, an attorney defending Ripps and Jeremy Cahen (known as "Pauly" on X) failed to sway three United States Ninth District Court of Appeals judges that the case should be dismissed on free speech grounds. The lawyer, Thomas Sprankling, a partner at WilmerHale, argued that the contentious Bored Ape NFTs were sold and distributed in protest against alleged anti-Semitic imagery found in the Yuga Labs’ collection. He framed Ripps and Cahen's NFT sales as an edgy expression of free speech, claiming that Yuga's suit should be dismissed under a California law targeting intimidating lawsuits, known as SLAPP suits. However, the judges seemed more interested in the resale of NFTs rather than engaging with claims about artistic criticism. Referring to Sprankling’s argument, Judge Anthony Johnstone said, "He was selling the same images, on the same marketplaces, on virtually indistinguishable NFT identifiers," with Judge Morgan Christen adding, "I’m still not seeing it.” In July 2022, Yuga Labs filed a complaint against Ripps and Cahen, accusing them of making millions through trademark infringement, false advertising, and unfair competition with their RR/BAYC NFT collection. While a Californian District Court has already held a trial to determine potential damages, a conclusion has yet to be declared. Ripps and Cahen disputed the accusations in their anti-SLAPP motion, claiming that the lawsuit was an intimidation tactic by Yuga Labs designed to suppress their protest art and sink them in legal expenses.
Published At
10/17/2023 5:10:08 AM
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