In a new case filed in New York’s Eastern District Court yesterday, Vans claims 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 decision said MSCHF must stop shipping shoe orders, cancel open orders and escrow funds to refund all previously fulfilled orders if Vans is successful.
But according to findings from the skate company owned by VF Corporation, MSCHF disobeyed the “unambiguous language” of the ruling by continuing to ship the sneakers. Vans says it has evidence of multiple cases of pairs being shipped to buyers on May 11, nearly two weeks after the preliminary injunction. The new filing goes on to say there are likely more similar cases yet to be uncovered by Vans.
“During this period, MSCHF has had sufficient time to notify its affiliates and partners of the injunction and to rescind or rescind any unfulfilled orders,” the filing said.
The Wavy Baby shoes dropped on April 18 for $220 in collaboration with rapper Tyga. The design transforms the Vans Old Skool sneaker into a radically different, yet instantly recognizable deformed shape. It was too close for the comfort of Vans attorneys, who sued MSCHF over the shoes days before the official release.
Following MSCHF’s alleged violation of the court order, Vans’ attorneys are also seeking further penalties against MSCHF, suggesting a fine of $25,000 plus an additional fine of $10,000 for each day that MSCHF does not failed to comply with the court order, as well as reimbursement of attorney’s fees.
Judge Kuntz ruled that MSCHF must respond to the final filing by Friday, May 20.
In April, MSCHF Creative Director Lukas Bentel joined the Intricate Sneaker Podcast speak on behalf of the brand.