OpenSea recently “Delisted” Uply Media, Inc’s LALALand.Crypto after being minted and listed over 2 years ago…Why was this done despite similar collections allowed to use the niche keywords LALALand in their Blockchain Domains NFTs and digital art brands and promotions??
First off, we view this as a centralized server control move and behavior that isn’t part of the Blockchain ecosystem to serve as a contributor and not to control. Their actions should serve as a caution to anyone listing their NFTs on OpenSea to be careful of the same tactics used by big tech firms to remain in control through gated and controlled algorithms.
Is Opensea a Walled Garden??
Wikipedia defines a Walled Garden as “A closed platform, walled garden, or closed ecosystem is a software system wherein the carrier or service provider has control over applications, content, and/or media, and restricts convenient access to non-approved applicants or content. This is in contrast to an open platform, wherein consumers generally have unrestricted access to applications and content.”
If other collections are allowed to use the niche keywords LALALand on OpenSea in any form and specifically others are restricted from use of the term in any form, this behavior is not only troubling but disturbing to create an Antitrust violation.
Please take the time to read the SEC’s Memorandum of Understanding on Antitrust.
Such behavior must be directed to the SEC for investigations on Antitrust violations. As OpenSea remains the largest NFT platform marketplace and restraining competition from the use of the niche keywords LALALand or other niche keywords and allowing only a select few to use the SAME niche keywords in any form permits monopoly power control.
Where Section 2 of the Sherman Act clearly defines it is unlawful for any person to “monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations.”
These are the reasons that OpenSea gives for delisting items.
“This can happen if we determine the NFT to:
- infringe on protected intellectual property,
- promote suicide or self-harm,
- incite hate or violence against others,
- degrade or dox another individual,
- otherwise violate our terms of service. “
Uply Media, Inc acknowledges that the Word Mark “LALALAND” exists and is owned by (REGISTRANT) LALALAND US LLC LIMITED LIABILITY COMPANY DELAWARE located at 3043 Tatum Street Los Angeles, CALIFORNIA 90065. Their attorney of record is Joseph J. Villapol with a filing date of December 19, 2012, and registration date on July 30, 2013, for registration no. 4376266.
However, in no way is LALALand.Crypto meant to cause confusion in the marketplace. As the Word Mark “LALALAND” is a Service Mark specifically for Goods and Services IC 041. US 100 101 107. G & S: Production services for photography and video productions. FIRST USE: 20050900. FIRST USE IN COMMERCE: 20060300.
Unlike or similar in any manner LALALand.Crypto is a Blockchain Domain NFT being developed as a Blockchain Website NFT that sits on top of a smart contract that can send and receive various cryptocurrencies. LALALand.Crypto is acknowledged to be owned by Uply Media, Inc on OpenSea.
These are owners and collections permitted by OpenSea to use LALALand on the largest NFT marketplace causing unfair practices and financial damages.
As of today’s date, these owners and collections NFTs were still live on OpenSea at the time this article was released.
Additionally, the UPLY MEDIA trademark formation was filed to represent goods and services for IC 035. US 100 101 102. G & S: Advertising and marketing services, namely, promoting the goods and services of others; Advertising, marketing, and promotion services; Compiling indexes of information using blockchain technology. FIRST USE: 20140724. FIRST USE IN COMMERCE: 20140724.
OpenSea is a unicorn with a valuation of more than $1 billion backed by Andreessen Horowitz, Coinbase, Dapper, and other top firms. Strongly praised and supported by Mark Cuban, Alexis Ohanian, and others.
On TikTok OpenSea promotes itself as “The largest NFT marketplace. Buy, sell, & discover the internet of goods.” Attracting a mass following to use their NFT marketplace.
Opensea is BIG and caters to big brands and tech firms.
It might also be worth mentioning that Uply Media, Inc launched DigitalArt.Crypto, which is the world’s first Blockchain Website NFT collectibles marketplace. Providing an alternative solution for emerging NFT creators to be more easily found and discovered among less competition from big-name brands.