The move sets the stage for a closely-watched appeal over the balance between free speech and intellectual property.
Tyga announced the Wavy Baby in an April 6 post on Instagram, sparking plenty of buzz but also immediate comparisons to Vans.said the shoe “appears to be loosely based on the classic Vans Old Skool” that had been altered with a “wave-like aesthetic.” The siteThree days before the shoes were set to drop on April 18, Vans filed a lawsuit calling MSCHF’s“blatant trademark infringement” and demanding an immediate restraining order.
But on Friday, U.S. District Judge William F. Kuntz issued a temporary restraining order blocking any further sales of the shoe. He ruled that consumers were likely to mistakenly think that Vans had been involved in the project. Crucially, he said that Wavy Baby was far more like a competing shoe brand than some kind of art installation.
“Despite defendant’s assertions the Wavy Baby shoes belong in museums and galleries for exhibition, the production of 4,306 pairs of shoes places the Wavy Baby shoes on a mobile footing vastly different from one found at the Brooklyn Museum,” the judge wrote. The ruling isn’t final, but it’s also not good for MSCHF; it strongly indicates that Vans will likely win the lawsuit in the long run. And although nearly all pairs of the Wavy Baby have already been sold and shipped, Judge Kuntz ordered the company to hold all revenue earned from them in escrow, to be repaid to consumers if Vans ultimately prevails.
The appeal before the Second Circuit will formally kick off over the coming months, as each side files more detailed briefs outlining their arguments.
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