Vans Secure Temporary Restraining Order Against MSCHF’s Wavy Baby Sneaker
Vans have secured an early victory in their court battle against MSCHF over the Wavy Baby sneaker, with Judge William Kuntz of New York’s eastern district court ruling that the ‘Wavy Baby’ had already confused consumers and therefore could not be considered a parody of an existing product on April 29. Per a report from Complex’s Brendan Dunne, Kuntz granted Vans a temporary restraining order and preliminary injunction against MSCHF, essentially stopping all further sales of the Wavy Baby. The filing has also instructed MSCHF to cancel any pending Wavy Baby orders and escrow any money made from orders that cannot be cancelled, so they can refund customers if the final ruling in the lawsuit is in Vans’ favour.
In his order, Kuntz wrote that ‘plaintiffs have sufficiently demonstrated actual consumer confusion,’ and that ‘multiple independent sources commented on the similarity between the Old Skool shoes and the Wavy Baby shoes.’ He also mentions that the Wavy Baby lacks an ‘element of satire, ridicule, joking or amusement’ that would show a casual consumer they’re not made by Vans. His ruling strikes down the argument made by MSCHF’s lawers that the Wavy Baby was produced for consumers who would know the difference between it and a Vans sneaker, and that it would not cause confusion.
Stay tuned for more case updates, and check out the original story below for further context on the lawsuit’s origins!