Dave Kappos and Sasha Rosenthal‑Larrea Author Article on Copyrights and Trademarks in NFT Projects for World Trademark Review

Cravath partners David J. Kappos and Sasha Rosenthal‑Larrea and associate Daniel M. Barabander authored an article entitled “The Nail and the Hammer: The Role of Copyrights and Trademarks in NFT Projects,” which was published to the website of World Trademark Review on October 21, 2022. The piece examines a lawsuit filed by Yuga Labs, the creator of the popular Bored Ape Yacht Club non‑fungible token (NFT) collection, against the artist Ryder Ripps, who produced a “copycat” collection of NFTs. The authors analyze why Yuga Labs may have based its suit on trademark—as opposed to copyright—law, concluding that business issues and norms constrain the use and enforcement of IP rights by those managing NFT projects.

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