MSCHF, a Brooklyn-based arts company, used the Wavy Baby sneakers to showcase the Vans Classic Shoes to the general public, claiming that the Wavy Baby sneakers were a replica of Vans'' classic sneakers. It is believed that the trios were misled by the judge, claiming that the shoes would not be sold until the end of the month.
According to Billboard, US District Judge William F. Kuntz denied the judgment on Friday and did not hold back in his statement. Despite defendants'' assertions that the Wavy Baby shoes are in museums and galleries for exhibition, the production of 4,306 pairs of shoes is enormously different from the one found at the Brooklyn Museum, according to Judge Kuntz. MSCHF previously said that their Wavy Baby sneakers were a fake statement that neither he nor his friends would not catch the joke.
The Wavy Baby shoes do not meet the requirements for a successful parody, he wrote. While the manifesto accompanying the shoes may include a protected parodic expression, the Wavy Baby shoes and packaging in and of themselves fail to convey the satirical message.
MSCHF claimed that nearly 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 they might be returned to consumers. He also ordered them to cancel or reverse any or all orders that they could.
MSCHF''s attorney Megan K. Bannigan said the corporation would continue the fight and that the decision completely omitted key legal precedents. MSCHF''s First Amendment rights to artistic expression, regardless of the particular medium or form of that expression, have been failed. This case, including through all available appeals, is expected to continue to litigate this case.