In Law360’s article on the top trademark decisions of 2025, Greg Phillips, Co-Chair of Knobbe Martens’ Trademark and Brand Protection practice, offered his insights on the noteworthy Federal Circuit ruling in Yuga Labs Inc. v. Ryder Ripps et al.
The case, which was the first to hold that nonfungible tokens (NFTs) qualify as trademarks, focuses on the commercialization of social commentary, Phillips maintained. He explained that while art and social commentary including registered marks are protected, brand owners are more likely to enforce their marks once that art has been commercialized.
Phillips also noted that the Yuga Labs decision is not specific to NFTs alone. While NFTs have not become ubiquitous as was once predicted, the decision could apply to other emerging technologies, he said.
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