Plaintiff Timothy McKimmy filed a lawsuit against OpenSea on Friday over the alleged theft of a Bored Ape NFT. McKimmy claims that he was the rightful owner of Bored Ape #3475, a digital piece of artwork that sports a cartoon ape wearing a blue hat and black sunglasses.
“On or about February 7, 2022, Plaintiff’s Bored Ape was stolen, listed, and sold to another individual on Defendant’s platform,” the lawsuit states. “Plaintiff did not list his Bored Ape for sale on the marketplace. Defendant’s security vulnerability allowed an outside party to illegally enter through OpenSea’s code and access Plaintiff’s NFT wallet, in order to list and sell Plaintiff’s Bored Ape at a literal fraction of the value (at .01 ETH).”
The plaintiff blames OpenSea’s technical “vulnerabilities” that resulted in the loss. He is bringing two claims:
(2) breach of fiduciary duty, trust, contract, and implied contract.
Plaintiff seeks return of the Bored Ape, damages, and/or redress of more than $1 million.
As of this date, the ethereum address 0x78cc85c982435774c0768741e16b9b7e5083a221 is in possession of the Ape.
A copy of the lawsuit can be downloaded here.