A New York designer argued Tyga's shoes were “art,” but a judge said a lucrative shoe brand was “vastly different” than a museum exhibit.
Vans sued MSCHF earlier this month, calling the Wavy Baby “blatant trademark infringement.” MSCHF argued back that the shoe was a work of art protected by the First Amendment, but Judge Kuntz was unswayed.
“Whatever the actual artistic merits of the Wavy Baby shoes, the shoes do not meet the requirements for a successful parody,” Judge Kuntz wrote. “While the manifesto accompanying the shoes may contain protected parodic expression, the Wavy Baby shoes and packaging in and of themselves fail to convey the satirical message.”
MSCHF fired back with interesting arguments. It admitted that the Wavy Baby was based on the Old Skool, but said it had a legal right to use the shoe as “the cultural and physical anchor when creating its art.” The company said it wanted to critique “consumerism inherent in sneakerhead culture” and “the phenomenon of sneaker companies collaborating with anyone to garner clout and shoe sales.”
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