MSCHF, a Brooklyn-based art firm, paid tribute to their Wavy Baby sneakers earlier this month, which were almost identical to a pair of Vans Old Skool sneakers. MSCHF even admitted to the similarities, stating that the Wavy Baby sneakers were a hallmark of Vans'' classic shoes. It has been announced that a judge has ruled in favor of Vans in favor of the shoes because it has apparent visual similarities.
According to Billboard, US District Judge William F. Kuntz shared his opinion on Friday and did not hold back. Despite defendants'' assertions that the Wavy Baby shoes are in museums and galleries for exhibition, the production of 4,306 pairs of shoes is considerably different from that found at the Brooklyn Museum, according to Judge Kuntz. MSCHF previously stated that their Wavy Baby shoes were a way to explain his sneakerhead culture, but Judge Kuntz said neither he nor his peers would make it.
The Wavy Baby shoes may not meet the criteria for a successful parody, as he wrote. While the manifesto accompanying the shoes may include a protected parodic appearance, the Wavy Baby shoes and packaging in and of themselves fail to convey the satirical message.
MSCHF claims that almost all orders of the Wavy Baby shoes had been sold and shipped. As a result, Judge Kuntz ordered MSCHF to place all profits from the shoe into escrow so that they might be returned to consumers. He also ordered them to cancel or reverse any and all orders that they could.
MSCHF''s Attorney General Megan K. Bannigan said the company would continue to fight and that the decision completely omitted key legal precedents. MSCHF will continue to litigate this case, including through all available appeals, to ensure its and all artists'' freedom to make their art.