After surprisingly riding high on the hog the past few years post-Kylie “Sugar Mama” Jenner (everyone thought he’d be irrelevant after she left him), Tyga was just handed a rare “L” by a judge who ruled that MSCHF had to stop selling their Tyga’s “Wavy Baby” sneakers as they resembled the OG Old Skool Vans silhouette way too much.
According to HypeBeast, U.S. District Judge William F. Kuntz issued a temporary restraining order to MSCHF ordering them to stop selling and advertising the “Wavy Baby” kicks after Vans sued MSCHF over the sneakers claiming trademark infringement. After hearing both sides arguments, the judge sided with Vans in the matter and issued the order halting the sales of the “Wavy Baby” kicks.
A few months ago Tyga revealed that he’d be dropping some new kicks and at first glance many assumed that it was in collaboration with Vans as they really did resemble the Old Skool silhouette. They weren’t but still the sneakers sold out within an hour even though they were retailing at $220 a pop. Then on April 15 Vans decided to take action and sued MSCHF for “trademark infringement, false designation of origin, unfair competition, and trademark dilution.”
Sounds about right.
Going to court to argue that MSCHF and Tyga blatantly stole their silhouette design, “Vans’ attorney Lucy Wheatley included “a video in which Tyga puts a pair of Old Skool sneakers into a microwave, turning them into Wavy Baby shoes, and social media comments from people who believed the MSCHF sneakers were an official Vans collaboration.”
They basically snitched on themselves.
Still, MSCHF fought back in court and their attorney Megan Bannigan argued that the collaboration kicks were wavy and wobbly and “not something that you can easily skateboard in” before admitting that the Vans were used as inspiration for the “Wavy Baby”‘s creation. SMH.
After hearing both arguments, Judge William F. Kuntz issued a temporary restraining order to MSCHF, stopping them from advertising and selling the sneakers while also canceling orders already placed. On top of all that money from orders that can’t be reversed is to be placed in escrow, so if MSCHF loses their case and is proven guilty, the brand can offer a refund to customers who thought they were buying a Tyga and Vans collaboration.
“In particular, the Court notes the striking visual similarities between the Old Skool shoes and the Wavy Baby shoes and their respective packaging,” reads the ruling by Judge William F. Kuntz. “The marks need not be identical, but rather only similar, for there to be a likelihood of confusion.”
Real talk, these struggle “Wavy Baby” sneakers just became grails and collectors items now that they’ve been taken off the market by a judge. Still, we’re clowning any grown man wearing them out in these streets regardless of resale price. Just sayin.’
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