Expert Testimony from Analysis Group Supports Yuga Labs’ $1.6 Million Trial Win in NFT Trademark Infringement Litigation

November 9, 2023

Analysis Group was retained on behalf of Yuga Labs, the plaintiff in a trademark infringement litigation against Ryder Ripps and Jeremy Cahen. Yuga Labs alleged that Ripps and Cahen infringed on Yuga Labs’ marks when they created and sold non-fungible tokens (NFTs) that were copied from Yuga Labs’ Bored Ape Yacht Club (BAYC) NFT collection.

The Analysis Group team was led by Managing Principal Kris Comeaux, Vice President Tracy Offner, and Managers Mary Reiser and Marcello Santana. They supported two experts, Managing Principal Lauren Kindler and Vice President Laura O’Laughlin, both of whom testified at trial. Ms. O’Laughlin conducted two consumer surveys to gauge the likelihood of consumer confusion stemming from Ripps’ and Cahen’s use of Yuga Labs’ BAYC marks. Ms. Kindler assessed Yuga Labs’ damages.

A judge in the US District Court for the Central District of California sided with Yuga Labs on claims that Ripps and Cahen infringed its trademarks and deliberately created confusion in the market. During trial, the judge declared Ms. O’Laughlin’s testimony and report on consumer confusion to be “relevant, reliable, and admissible.” Ripps and Cahen were permanently enjoined from marketing, promoting, or selling the infringing NFTs and ordered to transfer the smart contract associated with these NFTs to Yuga Labs, along with all related online assets. In addition, the Court awarded Yuga Labs the exact damages amount calculated by Ms. Kindler – nearly $1.6 million, as well as its costs and attorneys’ fees.