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US appeals court overturns Bored Ape maker's $8.8 mln win in NFT trademark case
US appeals court overturns Bored Ape maker's $8.8 mln win in NFT trademark case

Reuters

time23-07-2025

  • Business
  • Reuters

US appeals court overturns Bored Ape maker's $8.8 mln win in NFT trademark case

July 23 (Reuters) - A U.S. appeals court on Wednesday overturned an $8.8 million judgment for Bored Ape Yacht Club non-fungible token maker Yuga Labs in its dispute with artist Ryder Ripps and his business partner Jeremy Cahen over their alleged counterfeits of the NFTs. The 9th U.S. Circuit Court of Appeals said that Yuga had not yet proven, opens new tab that Ripps and Cahen's tokens — which they called satirical works of appropriation art — would confuse NFT buyers, sending the case back to California federal court for a trial on Yuga's trademark infringement and cybersquatting claims. Ripps in a statement said the decision "underscores that appropriation is a vital tool for artists to hold powerful entities to account." Yuga called the decision "a win for the industry" that "validates the fight we took on and confirms that BAYC is a strong and recognizable brand." Yuga accused Ripps and Cahen in a 2022 lawsuit of making millions of dollars from selling counterfeits of its Bored Ape tokens under the pretense of satire. Ripps and Cahen said that their versions of the tokens lampoon allegedly racist and anti-Semitic imagery in Yuga's NFTs and branding. Yuga denied the allegations and said that Ripps was "spreading ridiculous conspiracy theories online and using them to sell knockoff NFTs." U.S. District Judge John Walter ruled for Yuga before trial in 2023 and said that Ripps and Cahen's tokens were likely to create confusion in the NFT market. He awarded Yuga $1.5 million in damages, which later ballooned to more than $8.8 million with attorneys' fees and other costs. The 9th Circuit overturned Walter's decision on Wednesday and said a trial was necessary to determine whether the fake tokens infringed Yuga's trademarks. The appeals court agreed with Walter, however, that Ripps and Cahen were not immune from Yuga's claims based on First Amendment protections for works of art. The case is Yuga Labs Inc v. Ripps, 9th U.S. Circuit Court of Appeals, No. 24-879. For Yuga: Todd Gregorian of Fenwick & West For Ripps and Cahen: Louis Tompros of Wilmer Cutler Pickering Hale & Dorr Read more: Bored Ape NFT maker Yuga Labs sues artist, claiming he copied tokens US judge sides with Yuga Labs in Bored Ape NFT trademark lawsuit Artist owes $1.5 mln in damages for fake Bored Ape NFTs, judge says

The Real Reason You Can Still Buy A Great Domain
The Real Reason You Can Still Buy A Great Domain

Forbes

time29-05-2025

  • Business
  • Forbes

The Real Reason You Can Still Buy A Great Domain

Businessman touching the screen in the office getty If you're a startup founder, chances are you've fallen in love with a name, only to find the domain is already taken. It's frustrating. I get it. I've been there too. But before you start calling the owner a cybersquatter, take a moment to reconsider. Because what you're likely dealing with isn't squatting. It's domain investing. And whether you realize it or not, it's probably the reason you'll end up with a better name. Let me explain. Let's draw a clean line. Cybersquatting is when someone registers a domain that matches an existing brand or trademark and holds it hostage for a payout. It's shady, unethical, and yes, illegal. But that's not what most domain investors do. They're not targeting brand names like Apple or Nike. They're buying clean, unclaimed words: phrases and combinations that could one day become something. Like real estate investors buying land in emerging neighborhoods, domain investors are betting on language. They're trying to be early. There's a big difference between stealing and speculating. Imagine a city that doesn't exist yet. A few years before anyone moves in, someone starts buying land. Not because they know who's coming, but because they believe the area has potential. When people finally arrive, that land is ready. Not free, but available. Accessible. That's exactly what domain investors do. They spot promising words and hold them, sometimes for years, until the right founder comes along. When we were rebranding, the name Atom immediately stood out. It was short, clean, and full of energy. More than anything, it aligned with our vision of where everything starts. The atom is the foundational unit of matter, and in many ways, we see startups the same way: small, but full of potential. But wasn't obviously available. The domain had originally been owned by Paramount. After their digital project shut down, it eventually passed to a domain investor. That one detail changed everything. Had it still been held by a large corporation, it likely would've been buried for good. But because it was in the hands of someone who saw its future potential, we had a chance. We paid a meaningful amount. And it turned out to be one of the best strategic decisions we've made. The domain didn't just give us a name. It gave us clarity, trust, and a brand that fully reflected who we were becoming. Another great example is RehabPath, a company focused on mental health and addiction recovery. They acquired through and it wasn't a cheap name either. But for a company helping people through life-altering decisions, a name like wasn't a luxury, it was core to the mission. It builds instant trust. It's unforgettable. And it positions them as a leader in a space that's deeply personal and often overwhelming. In behavioral health, clarity isn't just helpful. It can literally change lives. And without a domain investor holding and maintaining that name, it likely never would've made its way into the hands of a company like RehabPath. Your domain is the front door to your business. It shows up in every email, every pitch deck, every ad, and every investor memo. It's the one part of your brand that can't easily be changed later. Strong domains don't just look good. They work hard for you. Research shows that .com names are still considered significantly more trustworthy by consumers, and shorter, more pronounceable names increase brand recall and conversion. So while a great domain might seem expensive, it's often far cheaper than years of brand confusion, lost traffic, or the cost of rebranding. One of the least talked about benefits of domain investing is liquidity. Without it, naming would be a zero-sum game. If someone got to a great name first, it would be gone forever, either parked, buried, or simply unused. But because domain investors exist, names circulate. They resurface. They can be found, negotiated, and bought. That's a good thing for founders. Just like stock markets make it possible to trade company ownership, domain marketplaces make it possible to trade identity. You don't have to settle for a third-tier name just because the first-tier one was taken 10 years ago. Here's something most people don't realize. At based on our own data, only about 2–4% of domains sell each year. And that's in a curated marketplace. The average sell-through rate across the broader industry is often even lower. That means investors are holding, renewing, and maintaining 97% of their domains without return. Year after year. They do it not for quick flips, but because they believe in long-term value. It's not about gaming the system. It's about patience, conviction, and playing the long game. It's easy to get frustrated when your dream name is taken. But maybe, just maybe, the person who registered it saw what you're seeing now. They believed in that name. They kept it alive. They made it possible for you to own it today. That's not squatting. That's vision. It's what allowed us to own It's what allowed RehabPath to own And it's what allows thousands of founders every year to launch with the kind of clarity, confidence, and brand power that moves companies forward.

What Is Cybersquatting? Understanding the Digital Threat
What Is Cybersquatting? Understanding the Digital Threat

Forbes

time11-05-2025

  • Business
  • Forbes

What Is Cybersquatting? Understanding the Digital Threat

Cybersquatting can have serious implications for its victims, from reputational damage to financial ... More losses and lawsuits. Cybersquatting — the use of fraudulent internet domains — is a technique used by criminals mainly to take advantage of the victim's trademark and brand. It's also used as a technique for data theft or fraud, and sometimes the aim is to sell the domain back to the company or individual that's being impersonated. Cybersquatting is less common than it used to be, thanks to greater awareness amongst firms keen to protect their brand, but still happens pretty often: in 2024, the WIPO Arbitration and Mediation Center handled nearly 6,200 cases. We look at the different types of cybersquatting, and how to protect your brand. Cybersquatting refers to the practice of registering a domain name that's identical or similar to a genuine domain. The domain name might, for example, be company_name.com, where the real firm uses Sometimes, though rarely, cybersquatters will find a business that has no registered domain at all, making their job even easier. There are various motivations for cybersquatters, from financial to malicious, and a cybersquatted domain can cause serious reputational loss as well as money. The fake site may, for example, host phishing scams, sell counterfeit products or take payment without fulfilling orders. Victims are usually companies — often well-known brands — but occasionally a high-profile individual may be targeted to cause them reputational damage. There are several types of cybersquatting, with different motivations and techniques. They range from typosquatting — exploiting common misspellings of words or company names — to the impersonation of famous figures. In some cases, cybersquatters take a bulk approach to their activities, registering dozens of domains, or automatically monitoring numerous companies in case their domain name registrations lapse. In other cases, they hold firms to ransom, demanding money in return for handing over the domain. Typosquatting involves buying and registering domain names that are common misspellings of real ones. Sometimes, these involve frequently misspelled words, sometimes they're common typos. The aim of typosquatting is usually to collect personal data or download malware onto the victim's device — for example, when in 2006, typosquatters registered installing a dodgy antivirus program. The case was settled out of court. In another set of examples, several candidates in the 2020 U.S. presidential election had fake URLs that were close to their names set up, spreading misinformation or hosting fake fundraising pages. Some cybersquatters will register domains associated with public figures, celebrities or even sometimes their enemies. The aim may be to piggyback off the victim's success to, for example, spread spam or malware or to damage their reputation. It's one of the most popular types of cybersquatting. In one example, back in 2000, Madonna successfully sued a cybersquatter who had registered and used it to host porn, and gained control of the domain. Identity theft is the most basic form of cybersquatting: registering a domain that's a variation of a company's name to impersonate it. The website may mimic a legitimate site to harvest personal or financial information for the purposes of fraud. It may also sell counterfeit products. In 2007, Dell took legal action against three website registrar firms, accusing them of unlawfully registering and profiting from 1,100 domain names that were similar to Dell's own trademarks. In reverse cybersquatting, the cybersquatters attempot to make sure that their fraudulent website can't be taken away. After picking a target, they register a business with the same or a very similar name. They can then register that domain and trademark rights, enabling them to argue that they have a legitimate right to the domain. They may even attempt to argue that the real business is the cybersquatter. In domain name warehousing, would-be cybersquatters monitor domain names that are about to expire — and try to jump in and register them themselves if the owner fails to do it in time. They can then hold the original owner to ransom, demanding money to reassign the domain name. To increase the pressure, they may threaten to misuse the website in the meantime. In one example last year, a British digital marketing expert was able to buy Reform party leader Nigel Farage's and redirect it to Michel Barnier's website — just for fun. Most countries have laws against cybersquatting, allowing organizations to gain control of cybersquatted domain names and seek damages against the registered holder. In the US., cybersquatting is covered by the Anti-Cybersquatting Consumer Protection Act of 1999, while the European Union Intellectual Property Office (EUIPO) has enforcement powers against domain name infringements. Meanwhile, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center will transfer or cancel a domain name if it's identical or confusingly similar to a trademark over which the complainant has rights, and the domain name has been registered and is being used in bad faith. There are a number of risks associated with cybersquatting. One of the most obvious is reputational damage. Potential customers taken to sites filled with spam, misinformation or malicious software will lose faith in the brand. Meanwhile, customers visiting the fake site aren't visiting the real one, leading to loss of sales. Cybersquatting can also lead to data breaches, tricking visitors into providing sensitive information such as passwords or payment details. This exposes companies to legal fees, fines and the costs of damage control. And with many cybersquatters attempting to sell their fake domain name back to the legitimate website owner, there can also be a high direct price to pay. The way to avoid cybersquatting is, of course, to make sure you snap up every domain name that could be associated with your organization. That means not just your main domain, but also all possible variations, including common misspellings. And if, for example, your domain is you should also register other common top-level domains, such as .net, .biz or .org, along with country-specific extensions. You should also register your business name as a trademark, which will give you clear grounds to file a case. And you should monitor regularly to check whether domains similar to yours have been registered — there are a number of services that do this and will issue alerts. Finally, make sure you renew your genuine domain, along with the alternates, to make sure cybersquatters don't spot them expiring and snap them up. Bottom Line Cybersquatting can have serious implications for its victims, from reputational damage to financial losses and lawsuits. It's possible to protect your brand from such attacks — and take legal recourse if it happens — but staying safe from cybersquatting takes initial effort and continuous monitoring.

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