The Ninth Circuit's ruling reaffirms NFTs as protectable trademarks, sending the case back to trial to resolve consumer confusion claims.
The Ninth Circuit Court of Appeals has overturned a $9 million judgment in favor of Yuga Labs, ruling that the question of consumer confusion in trademark infringement must be decided by a jury. The court confirmed that NFTs are protectable trademarks under the Lanham Act, but remanded the case for trial regarding claims against Ryder Ripps and Jeremy Cahen. This ruling is a significant development in the legal treatment of NFTs and trademark rights.