On July 23, 2025, the Ninth Circuit Court of Appeals issued a pivotal decision in Yuga Labs Inc. v. Ryder Ripps et al., a case that the digital art and non-fungible tokens (NFTs) communities have been following closely. The ruling not only addressed the boundaries of trademark law in the context of NFTs but also clarified the limits of expressive speech and fair use in digital marketplaces. Background Yuga Labs, Inc. burst onto the scene…
In the NFT (Non-Fungible Token) frenzy that swept the country a couple of years back, one of the collections that became among the most popular, and very valuable, is known as the Bored Ape Yacht Club (“BAYC”). Its creator, Yuga Labs, sued Ryder Ripps and Jeremy Cahen for trademark infringement. Ripps maintained that Yuga embedded racist and alt-right dog whistles in the BAYC NFTs. Defendants therefore created their own NFT collection, known as the Ryder…
It may be the moment for the IP profession to get to grips with the use of blockchain technology in its practice. Blockchain has, of course, risen to its current fame as the technology underpinning cryptocurrencies such as Bitcoin, but how relevant is it to IP professionals and trademark law and practice? In their Article, Time to Get Smart?, Birgit Clark and Rachel Wilkinson-Duffy, Baker McKenzie, London, explore the idea of “smart IP rights” and…
A new initiative from the Australian Government, the Smart Trade Mark, provides Australian businesses with a  new technology to help protect their products from counterfeiting risks and imitation products in overseas markets. IP Australia (an agency of Australia’s Department of Industry, Innovation and Science which administers intellectual property rights) developed the Smart Trade Mark using blockchain and the Australian Trade Mark Register.  IP Australia, alongside start-up Agile Digital, successfully piloted the Smart Trade Mark.  They…