Bored Apes – Intangible “Goods” Pave the Way for Trademark Protection of NFTs

In a recent decision establishing important precedent for trademark rights associated with digital assets, the Court of Appeals in Yuga Labs, Inc. v. Ripps, Case No. 24-879, 2025 WL 2056060 (9th Cir. July 23, 2025), clarified that non-fungible tokens (NFTs) are “goods” for the purposes of trademark law. However, the court held that summary judgment on the likelihood of confusion was improper without further factual development. Thus, while companies offering NFTs can assert trademark rights to…
By: Baker Donelson