Updated May 2:

Vans accuses MSCHF of violating a temporary restraining order that prevents the Brooklyn-based art collective from selling shoes that appear to be based on the Vans Old-Skool silhouette.

In late April, a federal judge ordered MSCHF to halt the marketing, sale, promotion and fulfillment of its MSCHF x Tyga “Wavy Baby” sneakers amid a footwear lawsuit. According to the motion, sneaker orders already placed were to be rescinded or cancelled. For orders that could be canceled, MSCHF was to escrow those funds in the event that Vans prevailed in the lawsuit and MSCHF was to return that money to consumers.

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the the preliminary injunction was intended to prevent Vans from suffering irreparable harm due to consumer confusion before a verdict on the lawsuit was reached.

According to Vans’ filing Thursday, MSCHF “continued to fulfill orders and ship its counterfeit Wavy Baby shoes in violation of the injunction.” Vans sought a contempt order and additional penalties to ensure MSCHF abides by the court orders.

MSCHF has until Friday, May 20 to file a response to the motion.

What we reported in April 2022:

The Brooklyn-based art collective has been hit with yet another lawsuit, this time from Vans. According to a lawsuit filed Thursday in the Eastern District of New York, Vans alleges that MSCHF “flagrantly and unequivocally copied the marks and trade dress of Vans” with respect to the marketing, advertising and packaging of the product for his Wavy Baby shoe.

MSCHF began shipping the shoe in question, the MSCHF x Tyga “Wavy Baby,” last month. The sneaker is set to launch on April 18 and appears to be based on the classic Vans Old-Skool silhouette, albeit modified to feature a wave-like aesthetic throughout the shoe. The shoe features a Black-based canvas upper coupled with White laces and a white wavy stripe overlay panel on the sides.

Vans also alleges that the name “Wavy Baby” is a play on Vans’ WAYVEE brand that the company has been using since August 2021.

“The Old Skool is one of our signature styles worn by Vans fans of all ages around the world and we remain committed to protecting our heritage and intellectual property,” Vans said in a statement. “While we are unable to comment on pending litigation and are disappointed that it has come to this, we are taking the necessary legal steps.”

Vans sent a cease and desist to MSCHF before filing the complaint. According to a statement from MSCHF, Vans also asked MSCHF to settle in exchange for half of the profits generated by the sneaker as well as four pairs for themselves before launch.

“They also indicated that they were open to meeting regarding future LMAO collaborations,” MSCHF wrote in a statement. “Turns out they were shaking our hands at the same time they were stabbing us in the back.”

MSCHF is known for creating viral and irreverent products that spark conversation – and often controversy – online. These statement items have taken the form of shoes in the past. For example, MSCHF released controversial “Satan Shoes” in March in connection with Lil Nas X. The shoes were essentially the classic Air Max 97s reimagined with black uppers and red detailing. Only 666 pairs of shoes, which also contained drops of human blood and sold for $1,018, were to be released. In March, Nike filed a trademark infringement and dilution lawsuit against MSCHF for the sneakers. In a statement at the time, Nike said it had no relationship with Lil Nas X or MSCHF. In April, Nike and MSCHF reached a settlement, which included a voluntary recall of shoes sold. in them from the Jordan River.