Yuga Labs Trademark Applications Are Opposed By BAYC Imitation

Key Points:

• 10 trademark registrations from Yuga Labs have been the subject of opposition notices issued by one of the creators of the Bored Ape Yacht Club imitation NFT collection RR/BAYC.
• Yuga Labs’ trademark applications were submitted in the second half of 2021, and they cover a variety of BAYC logos, images, and branding for conceivable use on digital goods such NFT-based artwork, trading cards, and wearables for the Metaverse.
• The action by Cahen also comes three days after Yuga Labs reached a separate settlement with Thomas Lehman, the creator of the RR/BAYC website and smart contracts.

10 trademark registrations from Yuga Labs have been the subject of opposition notices issued by one of the creators of the Bored Ape Yacht Club imitation NFT collection RR/BAYC.

The decision is yet another odd turn in the continuing legal battle over intellectual property between RR/BAYC founders Ryder Ripps and Jeremy Cahen and BAYC creators Yuga Labs.

On February 9, Cahen submitted the opposition notice to the Trademark Trial and Appeal Board of the US Patent and Trademark Office (USPTO). All trademark applications now have an opposition status of “pending,” as of this writing.

The majority of Yuga Labs’ trademark applications were submitted in the second half of 2021, and they cover a variety of BAYC logos, images, and branding for conceivable use on digital goods such NFT-based artwork, trading cards, and wearables for the Metaverse.

In addition, physical BAYC products including apparel, jewelry, watches, and keychains as well as leisure services like gaming, television, and music are mentioned in the papers.

Speaking with Bloomberg Law on Feb. 11, a Yuga Labs spokesperson played down the chances of Cahen’s opposition being successful and suggested that the move was just another attempt to cause trouble for the firm.

“The Trademark Office has preliminarily approved Yuga Labs’ trademark applications for registration, and we look forward to their full approval in due course,” they said, adding that:

“Jeremy Cahen’s filing is just another attempt to distract from the real issue at hand, his infringement of the Yuga intellectual property.”

Cahen outlines a long range of “grounds for disagreement” to Yuga Labs’ filings in the notice. In example, Cahen asserts that because BAYC NFT sales gave the owners “all rights” to the digital images, the firm “abandoned any rights” to specific brand and artwork designs.

Yuga Labs does not have the legal right to certain skull designs

Additionally, he asserts that Yuga Labs does not have the legal right to certain skull designs because the company allegedly transferred the ownership to the ApeCoin decentralized autonomous organization (DAO) in March 2022.

As the NFTs should be registered and categorized as securities under federal law, Cahen also contends that Yuga Labs failed to disclose a “bona fide purpose to legitimately employ” the trademarks in its filings.

BAYC’s authors In June, Yuga Labs filed a lawsuit against digital artists Ryder Ripps and Cahen for utilizing BAYC images in the RR/BAYC collection. Additionally, the business claimed that the pair were deliberately “trolling Yuga Labs and tricking people” into buying their knockoff NFTs.

The action by Cahen also comes three days after Yuga Labs reached a separate settlement with Thomas Lehman, the creator of the RR/BAYC website and smart contracts.

Lehman basically consented to a permanent injunction prohibiting him from taking part in any “confusingly comparable” BAYC-related ventures as part of the settlement. Lehman dissociated himself from Ryder Ripp and Cahen in a statement.

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