In a new filing in the eastern district of New York court yesterday, Vans argues that controversial Brooklyn art collective MSCHF is violating a recent court order by continuing to fulfill orders for its Old Skool-like Wavy Baby sneakers.
Late last month, Judge William Kuntz granted Vans a temporary restraining order and preliminary injunction in the trademark infringement case. The April 29 ruling declared that MSCHF must stop shipping orders for the shoes, cancel outstanding orders, and escrow funds to refund any already fulfilled orders should Vans win the case.
But according to findings from the VF Corporation-owned skate company, MSCHF disobeyed the “unambiguous language” of the ruling by continuing to ship the sneakers. Vans says it has evidence of multiple instances of pairs being shipped to buyers on May 11, nearly two weeks after the preliminary injunction. The new filing goes on to state that there are likely more similar instances yet to be discovered by Vans.
“During this period, MSCHF had sufficient time to inform its affiliates and partners of the injunction and to reverse or cancel unfulfilled orders,” the filing reads.
The Wavy Baby shoes were released on April 18 for $220 in collaboration with rapper Tyga. The design morphs the Vans Old Skool sneaker into a drastically different—yet immediately recognizable—warped shape. It was too close for comfort for Vans lawyers, who sued MSCHF over the shoes just days ahead of the official release.
As a result of MSCHF’s alleged violation of the court order, Vans lawyers are also asking for further sanctions against MSCHF, suggesting a fine of $25,000 plus an additional fine of $10,000 for each day MSCHF failed to comply with the court order, as well as reimbursement of attorney fees.
Judge Kuntz has ruled that MSCHF must respond to the latest filing by Friday, May 20.
In April, MSCHF chief creative officer Lukas Bentel joined the Complex Sneakers Podcast to speak on behalf of the brand.
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