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Vans sued MSCHF on April 15 after the release of their latest Wavy Baby Sneaker, designed in cooperation with Tyga. The shoe, retailing at $220, sold out within an hour of its release.
The Wavy Baby shoe is being sued by Vans for infringement of trademarks, false identification of origin, unfair business practices, and dilution after Vans claimed that the art collective stole the idea for the design.
WaveyBaby, a popular streetwear company, has also filed a lawsuit against MSCHF over the same product. WaveyBaby claims in its 17-page court complaint that the art collective brand ignored a cease-and-desist order delivered on April 12, 2022.
MSCHF used trademark ® symbol without permission from the U.S. Patent and Trademark Office
According to the Sourcing Journal, the 17-page, five-charge court petition by WaveyBaby's attorneys alleges that the Brooklyn-based brand MSCHF refused to settle after receiving a cease-and-desist letter on April 12, 2022. Moreover, the complaint claims that the art collective has "plans for subsequent releases of the Wavy Baby sneakers, including new hues," based on "knowledge and belief."
Ezra Salami WaveyBaby’s attorney said to the Sourcing Journal,
"We made MSCHF aware of this prior to their launching, but, you know, as we say in the complaint, they pressed forward, notwithstanding our objections. We did have a dialogue, but it became readily apparent that at least at that juncture they were not interested in our position of changing the name and, obviously, they went forward with their launch."
He further added,
"We understand the case between them and Vans’ is still pending, but in the event that they somehow obtain a favorable result, it is our understanding based on the press release that there are additional designs of this particular shoe in their warehouse or their design notebooks, if you will,"
One of the main points highlighted by Salami is that the brand used trademark ® symbol on the Wavy Baby without first applying to the the U.S. Patent and Trademark Office. WaveyBaby has regarded this as “knowing and intentional” violation from the art collective brand.
The brand is no stranger to being sued for trademark infringement. The collective brand has also been sued by Nike over their "Satan Shoes," and they knowingly solicited cease-and-desist lawsuits from sponsors when they dropped their "Cease and Desist Grand Prix" Formula 1 parody in January of 2022.
WaveyBaby is a homegrown startup for streetwear and the brand is unlikely to be involved in a lawsuit with brands like MSCHF. But accusations of unfair competition, federal trademark infringement, false origin designation, common law infringement, New York State unfair trade practices, and civil conspiracy under New York common law are quite serious matters.
The Sourcing Journal said,
"MSCHF did not respond to Sourcing Journal’s request for comment. The company has 21 days from the March 31 filing date to respond to Wavey Baby’s suit."
It's just a matter of time before the art collective takes a serious step against the law suit, even though the brand still hasn't responded towards both the law suits from Vans and WaveyBaby. Stay tuned to hear the final verdict.
