Tyga and MSCHF came out with a shoe last year that turned out to be pretty controversial. Of course, we are talking about the Wavy Baby. Upon looking at this shoe, it is clear that it is supposed to be some sort of take on the Vans Old Skool. However, this fact is so obvious that anybody could see what is going on here. Unfortunately for Tyga and MSCHF, this actually led to some litigation from Vans. According to Billboard, Vans sued the two sides, saying it was “blatant trademark infringement."
Not long after the lawsuit, a court ruled that MSCHF needed to stop selling the shoes immediately, at least for the time being. Well, the case was officially ruled on Tuesday, by the U.S. Court of Appeals for the Second Circuit. Once again, Tyga and MSCHF were struck down. Originally, they argued that this shoe was protected by the First Amendment as they were creating a parody. Essentially, it was a critique of sneaker culture, or at least that is what they had been claiming.
Tyga Copies The Vans Old Skool
The court decided that this was not, in fact, a viable defense. “If a parodic use of protected marks and trade dress leaves confusion as to the source of a product, the parody has not ‘succeeded’ for purposes of the [federal trademark law], and the infringement is unlawful,” the court explained succinctly. Needless to say, you will not be seeing these kicks on the market again. Instead, they have been banished, never to be heard from again. Although we're sure MSCHF will find a new sneaker to shock and appall people with.
Let us know what you think of this new development, in the comments section below. Additionally, stay tuned to HNHH for the latest news and updates from around the sneaker world. We will always make sure to keep you informed on all of the latest sneaker releases and collaborations.
[Via]