Update 04/29/2022 11:03am:

MSCHF and Vans are wrapped up in a lawsuit after a collaboration with Tyga—the “Wavy Baby” sneakers caught the skate brand’s attention. Vans sued MSCHF for allegedly violating the brand’s trademark rights with the silhouette of the sneaker by Tyga. Since then, Vans has pushed to get an immediate restraining order to ban future sales of the sneaker by Tyga. Now, MSCHF has responded to Vans, saying Tyga’s sneaker is an “art project.” 

Megan Bannigan, an attorney for MSCHF, said, “These shoes comment on consumerism, on the absurdity of sneakerhead culture. This was released as an art project. It was not released in competition with Vans.” When speaking about the design of the “Wavy Baby” shoe in comparison to the Vans “Old Skool” design, the lawyer went on to say, “It is wavy, it is wobbly … and it is not something that you can easily skateboard in.” The lawyer noted almost all 4,000 pairs of the sneaker have been sold, with MSCHF “having no plans to sell more in the immediate future.” Vans' attorney Lucy Wheatley said, “MSCHF’s sneakers must follow the same rules that all other sneaker companies follow.”

U.S. District Judge William Kuntz spoke on the “art project” claim made by MSCHF, saying, “You’re at 4,000 [sneakers sold]. "So you’re not exactly Brooklyn Museum rare.” Kuntz also said, “The Wavy Baby might have Wavy Babies, and I think that’s what they’re afraid of. If that wasn’t an issue, I don’t think we’d be here.” The judge noted a ruling on the restraining order would be issued “in short order.” Stay tuned for more updates. 

source: Billboard

Original 04/16/2022 1:48pm:

According to reports, Vans sued MSCHF for taking a crack at their classic “Old Skool” sneaker. The brand filed a trademark infringement after the company dropped the “wavy baby” sneaker, a collaboration with Tyga set to drop soon. 

The Wavy Baby sneakers are set to go on sale on April 18, with a price tag of $220. In the complaint filed by Vans in New York’s eastern district court, the brand said MSCHF’s sneaker is an “effort to confuse consumers, unlawfully siphon sales from Vans, and intentionally damage Vans’ valuable intellectual property rights.” The lawsuit pointed out the similarity of the Wavy Baby to Vans’ iconic ‘Old Skool’ model, stressing similarities with the logo and the packaging the shoes come in.

Despite Vans bringing up a lawsuit against MSCHF, Tyga was not named as a defendant in the suit. However, Vans revealed in their complaint that they sent a cease and desist letter to Tyga and MSCHF earlier this month, but “MSCHF defiantly pressed forward, continuing to aggressively market the Wavy Baby shoe.” Vans reportedly asked that MSCHF be barred from selling the sneakers or advertising them. Along with that, Vans wants to block the brand from using any trademark version for future sneakers. Vans also wants MSCHF to deliver the collaboration for destruction and surrender any profits they make from selling the sneakers. 

For those unaware, this isn’t the first time MSCHF has had a run-in with a major sneaker brand. The company was previously hit with paperwork by Nike over Lil Nas X’s “Satan Shoes,” a take on the iconic Nike Air Max 97. 

source: Complex