Marty Schwimmer Participates in INTA Amicus Brief in Bored Ape Yacht Club Case

Earlier this month, the International Trademark Association (INTA) filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in Yuga Labs, Inc. v. Ryder Ripps, Jeremy Cahen, No. 24-879 (the BORED APE YACHT CLUB dispute), a case considering whether non-fungible tokens (NFTs) are “goods” for purposes of Section 1125(a), the unfair competition provision of the U.S. Trademark Act. INTA filed the amicus brief in support of the appellee/plaintiff, arguing that the Lanham Act extends protection to use of marks in relation to NFTs and intangible goods. Marty Schwimmer signed on to the brief as a member of INTA’s International Amicus Committee.