Updated on:12/04/2025 04:22 PM 
Conceptual artist Ryder Ripps has officially responded to the recent court decision that partially denied his motion to dismiss the trademark infringement lawsuit filed by Yuga Labs, creators of the popular Bored Ape Yacht Club (BAYC) NFT collection. The legal battle intensifies as Ripps and fellow defendant Jeremy Cahen prepare their defense against allegations related to their RR/BAYC NFT project.
In his comprehensive response, Ripps outlined multiple legal defenses, including claiming "First Amendment protection to unclean hands," while reiterating previous controversial allegations suggesting the BAYC collection incorporates elements of Nazi symbolism in its design.
The dispute originated on June 24 when Yuga Labs initiated legal proceedings against Ripps and Cahen, citing several serious allegations including false designation of origin, deceptive advertising, cybersquatting, and trademark infringement related to their RR/BAYC NFT collection.
At the heart of the controversy lies the RR/BAYC NFT collection, which features visual elements remarkably similar to those found in the original BAYC NFT collection. Notably, Ripps created the RR/BAYC project just weeks before Yuga Labs filed their lawsuit. At the time of its creation, Ripps positioned his project as a critical examination of intellectual property concepts as applied to digital artwork, aiming to stimulate meaningful discourse about "the nature of NFTs, provenance, and digital ownership"—concepts that are fundamental to art valuation and meaning in the digital art space.
On Dec. 16, Judge John F. Walter of the District Court of Central California made a significant ruling, partially denying and partially granting an anti-SLAPP motion to strike and motion to dismiss initially filed by Ripps and Cahan on Oct. 3. The judge rejected all aspects of the defendants' filing except for the motion to dismiss concerning the eighth cause of action—unjust enrichment.
The comprehensive case originally included 11 distinct causes of action: false designation of origin, false advertising, cybersquatting, common law trademark infringement, common law unfair competition, unfair competition, false advertising, unjust enrichment, intentional interference with prospective economic advantage, and negligent interference with prospective economic advantage. This ruling means that Ripps and Cahan still face legal responsibility for the remaining ten causes of action.
Importantly, Judge Walter issued his order based solely on the submission of written documents, without requiring either party to present oral arguments in court.
In response to the judge's order, a Yuga Labs spokesperson provided CryptoSlate with an official statement regarding the ongoing legal proceedings.
The defendants formally submitted their defense and counterclaims in response to Judge Walter's ruling on Dec. 27, explicitly requesting a jury trial to adjudicate the complex intellectual property dispute surrounding the BAYC and RR/BAYC NFT collections.
The extensive 55-page document meticulously details 16 specific points supporting their legal position, which include:
Through additional statements on social media, Ripps has further alleged instances of intimidation and harassment, including threats purportedly made by a Yuga Labs agent identified as Guy Oseary, as well as allegedly slanderous remarks made against the defendants by company co-founders Greg Solano and Wylie Aronow during a podcast appearance.
Beyond seeking dismissal of the case, the defendants are also counterclaiming for damages related to emotional distress and lost time, among several other legal remedies they are pursuing in this complex NFT intellectual property dispute.
