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“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
Image from court documents
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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