NFT Intellectual Property Rights: Legal Battles and Their Implications

The world of NFTs (Non-Fungible Tokens) has ushered in a new era of digital ownership and creativity. While NFTs provide exciting opportunities for artists and collectors, they have also raised complex questions about intellectual property rights. In this article, we’ll explore NFT intellectual property rights through two compelling cases: Yuga Labs vs. Ryder Ripps and Hermes vs. Mason Rothschild. These cases provide essential insights into the evolving landscape of NFTs and their legal ramifications.

NFT Intellectual Property Rights: An Overview

NFTs, built on blockchain technology, have gained immense popularity as unique digital assets representing ownership and authenticity. However, with this innovation come challenges related to intellectual property rights.

Case 1: Yuga Labs vs. Ryder Ripps

NFT Intellectual Property Rights: Yuga Labs vs. Ryder Ripps

A Costly Lesson in NFT IP Infringement

In a legal battle that reached its conclusion in late 2023, Yuga Labs, the parent company of Bored Ape Yacht Club (BAYC), emerged victorious in a lawsuit against California-based artist Ryder Ripps and Jeremy Cahen. Yuga Labs accused them of infringing the intellectual property rights of the original Bored Ape artwork, creating confusion by selling copied NFTs.

The court determined that Ryder Ripps and Jeremy Cahen had indeed violated Yuga Labs’ intellectual property rights. The defendants were ordered to cease all NFT sales and promotional activities, pay $1.575 million in damages, legal fees, transfer NFT smart contracts, and surrender related online assets. This case exemplified the consequences of malicious intent in the NFT space, emphasizing the importance of safeguarding intellectual property rights.

Case 2: Hermes vs. Mason Rothschild

NFT Intellectual Property Rights: Hermes vs. Mason Rothschild

Protecting Luxury Brand Trademarks

In a notable case, luxury brand Hermes took legal action against digital artist Mason Rothschild, known as Sonny Estival. Rothschild had created the ‘MetaBirkin’ NFTs, which playfully reimagined the iconic Hermès Birkin bags. The collection quickly gained popularity and generated over $1 million in sales. However, Hermès alleged trademark infringement and requested damages and an injunction against the NFTs.

The court ruled in favor of Hermès, awarding them $133,000 in damages. Judge Jed Rakoff noted that Rothschild’s work lacked sufficient artistic expression to warrant First Amendment protection. The ruling also highlighted that Rothschild had intentionally misled consumers, labeling him as a swindler.

In a subsequent decision, the court granted Hermès’s request to ban Rothschild from promoting and profiting from his MetaBirkin NFTs permanently. However, the request to transfer the smart contract to Hermès was denied.

Implications for NFT Intellectual Property Rights

These cases have far-reaching implications for NFT intellectual property rights:

Protection of Trademarks: The Hermes vs. Mason Rothschild case underscores the extension of trademark rights from the physical world to the virtual realm, providing guidance for brands seeking to safeguard their intellectual property.

Artistic Expression and NFTs: The ruling highlights the challenge of categorizing NFTs as artistic expressions. The decision in Rothschild’s case underscores that pure replication may not qualify for First Amendment protection.

Responsibility and Legal Compliance: Artists, collectors and platforms must navigate the NFT landscape responsibly, understanding and adhering to legal regulations to ensure the sustainability and credibility of the ecosystem.


NFT intellectual property rights are at the forefront of the digital revolution. The cases of Yuga Labs vs. Ryder Ripps and Hermes vs. Mason Rothschild illustrate the importance of ethical practices and legal compliance in the NFT world. As this dynamic landscape continues to evolve, the protection of intellectual property rights remains a critical component to promote innovation, fair competition, and the responsible use of NFTs.

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