Vans has asked a judge to hold MSCHF in contempt of court for continuing to sell Tyga’s wavy Vans lookalikes.
The shoe company argues that the Brooklyn-based art collective has willfully violated a restraining order. Vans sought a restraining order to prevent MSCHF from selling or marketing its ‘Wavy Baby’ shoes made in collaboration with Tyga. The design of the shoes was inspired by a classic Vans look, fed through a Photoshop filter to obtain the trippy look.
Judge William Kuntz ruled that Tyga’s sneakers made in partnership with MSCHF likely did violate Vans trademarks. MSCHF was supposed to suspend all sales of the shoes and stop shipping orders. But Vans says the company continues to fulfill the orders despite the court order.
“The shipments were not irreversible orders picked up shortly after the injunction issued; they were made almost two weeks after the court’s unambiguous order that no such shipments be made,” Vans writes. “MSCHF should be held in contempt for failing to comply with the Court’s unequivocal instructions,” the legal filing reads.
If MSCHF is held in contempt, it could face monetary penalties for not following the court-ordered injunction. Vans is seeking $25,000 upfront and $10,000 per day for such a breach of the court order. Judge Kuntz has ordered MSCHF to file their response to the contempt of court order by May 20.
Tyga announced the ‘Wavy Baby’ shoes on Instagram back in April. The shoes drew immediate comparisons to Vans Old Skool design. Three days before the shoes were slated to go on sale, Vans filed a lawsuit seeking to hinder the sales and calling it a “blatant trademark infringement.”
Vans was granted a temporary restraining order on April 29 by Judge Kuntz that blocks the sales. “Despite defendant’s assertions that Wavy Baby shoes belong in museums and galleries for exhibitions, the production of 4,306 pairs of shoes places the Wavy Baby shoes on a mobile footing vastly different from one found at the Brooklyn Museum,” the judge wrote in his decision.
MSCHF has already formally moved to appeal the ruling.