18/08/2023 ‘Bored Apes’ investors sue Sotheby’s, Paris Hilton and others as NFT prices collapse

Bored Ape Yacht Club logo

A group of investors is suing Sotheby’s Holdings Inc. and others over a 2021 auction and promotion of Bored Ape Yacht Clubnon-fungible tokens(NFTs) following a collapse in prices for the celebrity-endorsed collectibles.

The four named plaintiffs in the class action lawsuit allege that the auction house “misleadingly promoted” the NFTs and colluded with creator Yuga Labs to artificially inflate their prices.

Sotheby’s is among 30 defendants named in the lawsuit, with celebrities like Justin Bieber and Paris Hilton also accused of promoting the NFT collection without disclosing their financial links to it.

According to cryptocurrency market trackerCoinGecko, the colorful digital illustrations of apes can now be bought for as little as $52,445. As recently as May 2022, the cheapest would have cost collectors over $400,000.

In September 2021, Sotheby’s soldover 100of the NFTs to a single buyer in an online auction for more than $24 million, beating the pre-sale estimate of $12 million to $18 million.

The amended lawsuit, which was originally filed in December without naming Sotheby’s as a defendant, claims the sale was “deceptive” and that the auction house had been hired by blockchain company Yuga Labs to “generate investors’ interest and hype around the Bored Ape brand.”

Sotheby’s representations that the undisclosed buyer was a ‘traditional’ collector had misleadingly created the impression that the market for (Bored Ape Yacht Club) NFTs had crossed over to a mainstream audience,” the plaintiffs’ legal team added in a complaint filed in a federal court in California earlier this month.

In a statement emailed to CNN, the auction house said: “The allegations in this suit are baseless, and Sotheby’s is prepared to vigorously defend itself.”

Representatives for Paris Hilton, whom the lawsuit accuses of having “feigned interest” in the NFTs for financial gain, and Justin Bieber did not respond to CNN’s requests for comment.

A spokesperson for Yuga Labs meanwhile said, via email: “We believe that these new allegations, like those in the previous iteration of this opportunistic complaint, are completely without merit or factual basis.

“As a media and technology company, Yuga Labs has empowered strong communities of enthusiasts and entrepreneurs to innovate, connect, and build. Their creativity has fostered community-driven projects that have captured the imagination of people around the world. That’s the story worth telling.”

The investors — a term that Yuga Labs’ spokesperson rejected, instead calling them “alleged purchasers of our products” — are seeking a jury trial and have requested more than $5 million in damages.

Market in freefall

NFTs are used to transform works of art and other digital collectibles into one-of-a-kind, verifiable assets that can be traded via blockchains.

Prices soared in 2021, with an NFT of Twitter founder Jack Dorsey’s first ever tweet selling for $2.9 million, a video clip of LeBron James making a slam dunk fetching over $200,000 and a “Nyan Cat” GIF going for $600,000. The first virtual NFT artwork to sell at a major auction house, “Everydays: The First 5000 Days” by a digital artist who goes by “Beeple,” fetcheda record $69 millionat Sotheby’s rival, Christie’s.

The Bored Ape Yacht Club, a collection of 10,000 NFTs hosted on the Ethereum blockchain, launched in April 2021. The images feature cartoon apes with computer-generated features and accessories, such as gold fur, laser eyes, “hip hop clothes,” a “sushi chef” headband or a sailor hat.

The lawsuit against their creator also names several other companies involved in promoting the NFTs, such as sportswear giant Adidas, claiming they conspired in a “vast scheme” to artificially inflate prices.

Crypto payments company MoonPay is meanwhile also accused of market manipulation. The lawsuit says that Yuga Labs used MoonPay to “discreetly pay their celebrity cohorts” and make interest in the NFTs “appear to be organic” rather than the result of a paid promotion.

The amended court filing also contains testimony from a “confidential witness” — supposedly a former compliance employee at MoonPay — claiming to have sent a memo warning MoonPay that it was “potentially running afoul of securities laws” as celebrities were promoting the NFT products without disclosing their financial interests in them.

Neither Adidas nor MoonPay responded to CNN’s request for comment.

The lawsuit comes as huge swaths of the digital asset space — which includes NFTs and the cryptocurrencies usually used to buy them — aregoing bustafter a pandemic-driven boom. It is one of several cryptocurrency-related cases brought to court in recent months.

Bored Ape Yacht Club was a major beneficiary of the celebrity hype, that helped attract new consumers to crypto — an industryrife with manipulationand fraud, and one that US regulators are now more closely scrutinizing in the wake of the collapse of crypto exchange FTX.

In March this year, the Securities and Exchange Commissioncharged eight celebrities for not disclosing they were paid to promote cryptocurrencies.

Arts

https://edition.cnn.com/style/article/bored-apes-sothebys-lawsuit/index.html

Interesting NFTs
#65297
By OthersideDeployer
I'm the Cure
"I'm the Cure"
taNNa
conceptual art. drawing and digitally processed.
The Machine of Real Madrid
Visual Toy honoring the greatness of the most awarded club in the world of football, Real Madrid. Including his top stars of all time including President Bernabeu, a myth in the club's management. This Visual Toy represents the club as a title machine with the Champions League as a great emblem, since it holds the leadership in victories in the maximum European competition. A magical and fantastic mechanism like the history of the club itself. Including the Bernabeu in its last year before the remodeling in 2020, this Visual Toy brings together all the essence and soul of the merengue team. https://javierarres.com
Crossroad
LIMITED EDITION 1/1 | includes signed limited edition prints of all 3 states (pre-election, Trump win, Biden win) This piece is a first for Nifty, a token that will change based on the outcome of the election. If anything is constant about the times we now live in, it's uncertainty. This uncertainty is perfectly encapsulated in this piece of artwork as the person buying the piece will not know the final artwork. The artwork will be one state at auction before the election, and after the results of the election are known, will forever change to reflect a Trump or Biden win. PLEASE FUCKING NOTE: If trump wins, this token will change to that video of sexy boi king trump stomping through hell FOREVER. I don’t want you coming back to me bitching that you spent $2M* on this and now it’s a video of orangeman going HAM and it’s keeping u up at night popping mad boners. should have voted bruh. *and stfu that this isn’t gonna be worth a fuckton more when I hit 30 years of everydays and have a permanent collection in the MOMA. smh.