"The Yuga Labs v. Ryder Ripps case is shaking up NFTs and trademarks."
"In this episode of The Briefing, Weintraub attorneys Scott Hervey and Tara Sattler unpack the Ninth Circuit's ruling on whether NFTs count as "goods," why the First Amendment defense fell flat, and what it all means for the future of digital asset law."
The Ninth Circuit clarified whether nonfungible tokens can qualify as "goods" for trademark law, influencing the applicability of trademark protections to NFTs. The court's approach reduced reliance on a First Amendment defense in the NFT context, narrowing expressive-protection arguments in trademark disputes. Traditional trademark standards may be applied to digital assets, increasing potential liability for creators, marketplaces, and resellers that reproduce or trade branded imagery. The decision encourages trademark owners to pursue enforcement more actively and encourages market participants to reassess branding, licensing, and risk-management practices within the evolving NFT ecosystem.
Read at The IP Law Blog
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