eicker.news ᳇ tech newsThe #USCourt of #Appeals ruled that #NFTs qualify for #trademarkprotection under the #LanhamAct, sending the case between #YugaLabs and #RyderRipps back to a lower court for trial. Yuga Labs is entitled to trademark protections for its #BoredApe NFTs, but vacated the $9 million penalty and injunction against Ripps’ collection. https://www.theblock.co/post/364012/nfts-qualify-for-trademark-protection-ninth-circuit-rules-sending-yuga-labs-case-back-for-trial?eicker.news #tech #media #news
Cory DoctorowThis elaborates on the #NinthCircuit's 1996 *Maljack Prods v Goodtimes Home Video Corp*:
> [Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the #LanhamAct without rendering the Copyright Act a nullity.
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Sarah Fackrell
USAnwalt
