After a years-long feud, Vans has agreed to settle its trademark infringement lawsuit against parody art collective MSCHF.
In a Tuesday filing in a New York District Court, both parties told a judge that they agreed to the terms of a confidential settlement, which prohibits MSCHF from continuing to sell its “Wavy Baby” shoes that Vans had previously alleged infringed on its trademarks.
Vans declined to comment. FN has reached out to MSCHF for a comment.
According to the initial lawsuit filed in April 2022, Vans argued that MSCHF “blatantly and unmistakably copied Vans’ trademarks and trade dress” as it relates to the marketing, advertising and product packaging for its MSCHF x Tyga “Wavy Baby.”
The shoes appeared to be based on the classic Vans Old-Skool silhouette, though altered to feature a wave-like aesthetic throughout the shoe. The shoes featured a black-based canvas upper coupled with white shoelaces and a wavy white striped overlay panel on the sides.
Vans also alleged that the name “Wavy Baby”is a play on Vans’ WAYVEE mark that the company has used since August 2021.
In response, MSCHF claimed that its Wavy Baby sneakers represented a form of “commentary” and were therefore protected by the First Amendment. Later in April 2022, a federal judge ordered MSCHF to halt marketing, selling, promotion, and fulfillment for the sneakers. And in December 2023, the U.S. Court of Appeals for the Second Circuit reaffirmed that decision that MSCHF’s parody of Vans’ “Old Skool” shoes are likely to cause confusion amongst consumers and that the Brooklyn collective is not entitled to First Amendment protections that can apply to works of art in trademark cases.
MSCHF is known for creating viral, irreverent products that stir conversation — and often controversy — online. In 2021, Nike filed a trademark infringement and dilution complaint against MSCHF for selling controversial “Satan Shoes” in connection with Lil Nas X. The shoes were essentially the classic Air Max 97s reimagined with black uppers and red detailing. Only 666 pairs of the shoe, which also contained drops of human blood and sold for $1,018, were meant to be released. Nike and MSCHF reached a settlement, which included a voluntary recall of the shoes that sold, shortly thereafter.
