The two founders of Yuga Labs, Wylie Aronow and Greg Solano, were ordered to be deposed by a federal court in California stating they are not apex witnesses in the Ryder Ripps lawsuit.
Yuga argued in a filing that both Yuga co-founders were “apex witnesses,” high-level corporate workers frequently ruled immune from deposition if other lower-level employees can testify to the same material.
This was an attempt to stop Ripps’ counsel from deposing Aronow and Solano. However, the judge determined that only Aronow and Solano were qualified to discuss the origins of the Bored Ape brand.
The judge stated, “This is a case where the two purported apex witnesses are the only people who have knowledge of the creation of the marks such that exhaustion of other sources is not required.”
A deposition is when an individual submits to questioning and answering before a trial. The party opposing the deposition must typically demonstrate the witness lacks first-hand knowledge of the relevant facts; and other, less intrusive modes of discovery have not been employed.
Aranow should’ve shown up for his deposition on January 9, 2023, under the new court ruling. Yuga will be liable for paying any costs related to the unsuccessful deposition if he fails to show up.
Ripps revealed on Twitter that Aronow did not show up in court for the deposition yesterday. The parties must then get together and negotiate to choose a new time for Aranow’s deposition as soon as is feasible.
The court orders the parties to meet and consult to make preparations for Solano’s deposition, which is planned for January 11, 2023, while taking into account Solano’s scheduled medical appointment, adding a video deposition could be used.
In June, Yuga Labs filed a lawsuit against Ryder Ripps for trademark infringement, “seeking to devalue” authentic BAYC NFTs with a counterfeit collection dubbed RR/BAYC NFTs.
Ryder Ripps then filed a counterclaim against Yuga Labs, accusing Yuga Labs of using neo-nazi imagery in the Bored Ape Yacht Club (BAYC) collection. The claim stated that the use of the BAYC trademarks for the RR/BAYC NFT comprises fair use.
Also Read: Anonymous Accuses Yuga Labs & BAYC of Racist Symbolism
