Amidst its ongoing legal disputes with Vans over its Wavy Baby sneakers, MSCHF has now been sued for the very same product by streetwear brand WaveyBaby. In a 17-page court filing, WaveyBaby alleges that the subversive art collective refused to settle when sent a cease-and-desist letter on April 12, 2022.
“We made MSCHF aware of this prior to their launching, but, you know, as we say in the complaint, they pressed forward, notwithstanding our objections,” WaveyBaby’s attorney Ezra Salami responded to Sourcing Journal. “We did have a dialogue, but it became readily apparent that at least at that juncture they were not interested in our position of changing the name and, obviously, they went forward with their launch.”
Salami further stated that they are aware of Vans’ current case, and with that in mind, have filed the complaint in the event that MSCHF comes out on top. They also have knowledge that MSCHF has more designs of this shoe “in their warehouse or their design notebooks” and believes the brand plans to release additional colorways.
“Such negative publicity on the shoe has resulted in consumers confusing Defendants’ infringing brand for that of Plaintiff’s further believing Plaintiff is involved in ongoing litigation with Van’s [sic] Inc., when in fact they are not,” Salami wrote.
As part of the case, Salami says WaveyBaby is prepared to show economic damages caused by the publicity and points specifically to MSCHF’s use of the “®” symbol without ever contacting the U.S. Patent and Trademark Office as an intentional violation. Charges thrown in the filing include federal trademark infringement, unfair competition and false designation of origin, New York State unfair trade practices, common law infringement, and civil conspiracy under New York common law.
MSCHF has yet to respond to a request for comment. Stay tuned for more details.
In other news, here’s an official look at the Nike Air Force 1 Low Premium “Blue Tint.”