Tyga & MSCHF’s Ridiculous Wavy Baby Sneakers Lead To Inevitable Court Battle With Vans
Tyga’s much-discussed “Wavy Baby” sneakers, which bear a certain skewed resemblance to Vans’ classic Old Skool sneaker, were the subject of a hearing today in Brooklyn federal court. According to Billboard, lawyers for Vans debated with lawyers from the streetwear company / creative collective MSCHF as to whether or not the “Wavy Baby” sneakers are an illegal knockoff.
Arguing free speech via the First Amendment, MSCHF lawyer Megan K Bannigan 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.” Meanwhile, Vans’ attorney Jewett Wheatley countered that “MSCHF is free to create art… But MSCHF’s sneakers must follow the same rules … that all other sneaker companies follow.”
A similar scenario played out last year over Lil Nas X’s Nike-modified “Satan Shoes,” which were also done in partnership with MSCHF. At the time, Nike sued MSCHF after conservative groups threatened to boycott the corporation despite their lack of involvement in Lil Nas X’s product. Ultimately, US District Court Judge Eric Komitee granted Nike a temporary restraining order preventing the Satan Shoes from being distributed.
MSCHF also contended that the Satan Shoes were art and would likely be displayed in collections and museums like their previously released “Jesus Shoes.” But Nike’s lawyers said the company “submitted evidence that even sophisticated sneakerheads were confused” and “we have submitted numerous evidence that some consumers are saying they will never buy Nike shoes ever again.”