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Vans secures temporary restraining order barring promotion and sale of Wavy Baby Shoes

In Vans, Inc. v. MSCHF Product Studio, Inc., No. 22CV2156WFKRML, 2022 WL 1446681 (E.D.N.Y. Apr. 29, 2022), shoe company Vans, Inc. (“Vans”) prevailed in obtaining a temporary restraining order and preliminary injunction against art collective MSCHF Product Studio, Inc.’s (“MSCHF”) restraining promotion and sale of its WAVY BABY shoes. Vans asserted that the WAVY BABY shoes infringed the company’s trademarks and trade dress. MSCHF appealed to the United States Court of Appeals for the Second Circuit. Oral arguments will be held later this month.

Defendant MSCHF previously appeared in the national spotlight last year when the company partnered with rapper Lil Nas X to sell modified NIKE shoes, dubbed SATAN SHOES. Nike sued for infringement, false designation of origin, and dilution. Nike, Inc. v. MSCHF Product Studio, Inc., 2021 WL 1201086 (E.D.N.Y.). The parties settled in April 2021.

The WAVY BABY shoes currently at issue are a result of a collaboration between MSCHF and the rapper Tyga. Vans claimed the shoes infringed the trademarks and trade dress of its OLD SKOOL skate shoe. See the shoe comparison from the Complaint below:

Source: Complaint at 3, Vans, Inc. et al v. MSCHF Product Studio, Inc., Docket No. 1:22-cv-02156 (E.D.N.Y. Apr 14, 2022).

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