Crypto

Court Rules Bored Ape NFTs Are Not Securities, Marking a Major Victory

Federal Court Rulings Impact Yuga Labs and NFT Market

Judicial Decision in High-Profile NFT Case

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A recent judgment from a U.S. federal court has dismissed a significant investor lawsuit targeting Yuga Labs. The case accused the creators of the Bored Ape Yacht Club (BAYC) NFTs and ApeCoin of selling unregistered securities.

Judge Olguin’s Ruling: Howey Test Unmet

The judgment by Judge Fernando M. Olguin concluded that the plaintiffs did not meet the requirements established by the Howey Test, which is crucial for defining investment contracts. The lawsuit, originating in 2022, sought to classify the tokens as securities, but the court found insufficient evidence to support this claim.

Understanding the Howey Test

Judge Olguin pointed out the plaintiffs’ failure to demonstrate all three prongs of the Howey Test. According to the court, there was no shared enterprise directly connected to Yuga Labs’ operations, nor were purchasers promised returns primarily resulting from Yuga’s efforts. Many BAYC transactions were portrayed as collectibles or membership benefits rather than as investment opportunities.

Investors’ Profit Expectations Challenged

The investors contended that market discussions and the rarity of certain traits led to profit expectations. However, the court deemed these arguments insufficient to transform a collectible into a security. The ruling highlighted that purchasers’ success did not hinge directly on Yuga’s future business activities, which is essential under securities law.

Regulatory Vigilance in the NFT Space

Despite this ruling, regulatory bodies like the SEC continue to monitor the NFT sector closely. Previous enforcement actions have targeted projects involving revenue sharing or promotional payments. The legal landscape remains unpredictable, with varying court interpretations leaving NFT creators and platforms potentially vulnerable to legal challenges.

The Broader Implications for NFTs

Legal experts caution that this ruling does not universally protect NFTs from being classified as securities. Yuga Labs has encountered other legal disputes, such as a trademark case in July 2025, where an $8.8 million judgment was overturned, illustrating the varied outcomes in related litigation. While this decision provides some assurance to NFT holders and marketplaces, projects promising revenue sharing or primarily marketed as investments may face different legal outcomes if challenged.

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Emma Horvath

After graduating Communication and Media Studies MA in Eötvös Loránd University, Emma started to realize that her childhood dream as a creative news reporter committed to find dynamic journalism stories. I'm a passionate journalist with a keen interest in the fast-evolving world of cryptocurrencies. I've been reporting on the latest developments in the crypto industry for several years now, covering breaking news and providing insights on how the market is trending. I'm adept at analyzing daily market movements, researching ICOs, and keeping track of the latest innovations in blockchain technology. My expertise in the space makes her a trusted voice in the crypto community. Whether it's the latest Bitcoin price movements or the launch of a new DeFi platform, I am always at the forefront, bringing her readers the most up-to-date and informative news.

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