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conceptual artist Rider Lips Tweeted his response and counterclaim to the lawsuit brought against him and fellow defendant Jeremy Cahen for trademark infringement of the Bored Ape Yacht Club (BAYC) brand.
Lips said, “First Amendment Protection Against Dirty Hands, and a rehash of the claim that the BAYC collection was modeled on Nazi symbolism.
On June 24, Yuga Labs, creator of BAYC, filed a lawsuit against the defendants for several allegations, including false designation of origin, false advertising, cybersquatting, and trademark infringement. I was.
Claims are RR/BAYC An NFT collection that seemingly features the same images as the original BAYC NFT collection. RR/BAYC was created by Ripps he just weeks before Yuga Labs filed a lawsuit.
At the time, Ripps said his RR/BAYC collection challenged notions of intellectual property as applied to digital artwork. Furthermore, it provokes debate about “the nature of NFTs, provenance, and digital ownership”, with provenance being a defining aspect of art appreciation as well as helping to derive meaning from art itself.
December 16th, Judge John F. Walterin the Central California District Court, denied in part and granted in part an anti-SLAPP motion to strike and motion to dismiss, first filed by Ripps and Cahan on Oct. 3.
Judge Walter denied all aspects of defendants’ filings except for a motion to dismiss on the eighth count, unjust enrichment.
There were a total of 11 causes of action in this case. false indication of origin, false advertising, Cybersquatting, Common Law Trademark Infringement, cOmmong Law Unfair competition, unfair competition, false advertising, injustice concentrated, Intentional interference with future economic interests and negligence Interference with future economic interestsThat means Ripps and Cahan are still working on the remaining 10 Action Causes.
The judge made the order on the basis of the filing of the papers, without oral arguments being presented by either party.
A Yuga Labs spokesperson said: crypto slate The following statement to the judge’s order.
Our case against Ripps and Cahen for allegedly blatantly stealing the Yuga Labs trademark is rightly advanced on this ruling. and agree not to give them any discretionary rights to infringe our trademarks. and made millions of dollars, and I will continue to prove these facts as the case unfolds.”
Defendant filed defense and counterclaim response On Judge Walter’s December 27 decision, they asked for a jury trial.
This 55-page document details 16 specific points that support their claims. they were:
Ripps’ tweets were also subject to allegations of intimidation and harassment, including threats from Yuga Labs agents. Guy Osearyand company co-founders Greg Solano and Wylie Aronow. slander against defendants during a podcast.
Defendants seek, among other demands, dismissal of the action and a counterclaim for damages for emotional distress and lost time.
