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Intellectual PropertyThe Intellectual Property StrategistLitigationTrademarksColumns & Departments

IP News

By Howard Shire and Di’Vennci K. Lucas
July 31, 2025

Introduction

On July 23, 2025, the U.S. Court of Appeals for the Ninth Circuit in Yuga Labs Inc. v. Ripps, No. 24-879, 2025 WL 2056060 (9th Cir. 2025), issued a pivotal decision regarding digital art, blockchain technology, and trademark law. The ruling not only clarifies that non-fungible tokens (NFTs) are protectable “goods” under federal trademark law, but also sets important standards for how courts should analyze consumer confusion, fair use, and First Amendment protections surrounding artistic expression in the rapidly evolving NFT marketplace.

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