A judge in California has ruled that the use of BAYC trademarks by RR/BAYC, owned by Tyler Winklevoss and Cameron Winklevoss, was an attempt to deceive customers.
The decision came after the Winklevoss brothers sued artist Richard Ripps over his alleged use of Bored Ape Yacht Club (BAYC) trademarks in his artwork.
The judge said that the use of the trademarks by Ripps’ RR/BAYC was intended to create confusion among consumers.
The Winklevoss brothers’ lawsuit alleged that Ripps’ artwork was a “blatant and willful attempt to copy and exploit the unique and valuable creative expression” of the BAYC community.
The case revolved around the use of the term “Bored Ape” in Ripps’ artwork, which the Winklevoss brothers claimed was similar to their own use of the term in the BAYC community.
The judge noted that the term “Bored Ape” was associated with the BAYC and that the use of the term by Ripps’ RR/BAYC was likely to cause confusion among consumers.
Commentary:
The Winklevoss brothers have been actively protecting their intellectual property rights related to Bored Ape Yacht Club.
This ruling confirms that the use of BAYC trademarks by Ripps’ RR/BAYC was intended to deceive consumers.
It will be interesting to see if the Winklevoss brothers continue to pursue legal action against other artists who may have used BAYC trademarks in their work.
This ruling may also set a precedent for future cases involving similar issues of trademark infringement in the art world.