Ryder Ripps, an NFT artist, has failed to dismiss the Bored Ape Yacht Club-related lawsuit against him. During an Oct. 17 hearing, three judges from the United States Court of Appeals for the Ninth District were unconvinced by the arguments presented by Ripps and Jeremy Cahen's lawyer, who argued that the case should have been dismissed on the grounds of free speech.

The judges were only interested in the secondary sales of the NFTs themselves, dismissing all arguments that hinged on any artistic criticism. Yuga Labs first filed a complaint against Ripps and Cahen in July 2022, alleging trademark infringement, false advertising, and unfair competition following the release of a derivative NFT collection called RR/BAYC.