What’s inside the Wavy Baby? Why Vans sued MSCHF

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Timestamps
0:00 Intro
0:35 History
4:05 What Does MSCHF say?
5:30 Vans Comparison
6:45 Wavy Baby Breakdown
10:10 Cut in Half
11:10 Reveal
11:35 Is It Wearable?

#mschf #wavybaby #tyga

[stephane]

The MSCHF shoe was a play off the Vans Old Skool, not the Skate Low. The Skate Lo is a much newer silhouette if I am not mistaken.

[davep]

I will never not be impressed with how sharp the parting knife is.

[bri]

But unfair to the Vans when you're comparing them to the wrong vans silhouette. Those are based on the Old Skool/Style 36

[fizz]

I think the problem isn't that anyone would confuse these with skate shoes it's that the design and marketing is something a consumer may mistake as a Vans product. As for the defense that this is art so they can make whatever they want that goes out the window when you start selling them.

[railroadsniper]

I thought these were a Vans shoe when I had first seen them. This video is the only reason I now know that they weren't.

[Mcowling]

The main point is it is a trademark dispute. Copyright claims can be selectively enforced by a rights holder but a trademark needs to be enforced at all times. If a trademark isn't enforced the rights holder could lose it and have it deemed generic.

[johnnyt]

MSCHF saying that they are "sampling" the Vans style is fair enough, things like that are done in art. But if you look at music, if one artist samples another artists song, they have to pay to do that.

That didn't seem to happen here, so MSCHF can profit from using something created by another party without paying them their due.

[vasilstefanov]

The reasons these brands go after things like MSCHF because they need to protect their intellectual property. If they don't sue, other brands may point to this as a reasons for them to actually copy vans design and create knockoffs. But that's just my opinion

[lazzi]

You should've grabbed the Vans Old Skool low to make this comparison.

[nicholasbonds]

I really enjoyed your video. As an IP and trademark law attorney, I wanted to make one point though. To keep trademark protection on a design or a logo or trade dress active, you have to police your own rights. So Vans, while arguably overly assertive in its prosecution of its rights here, technically had to go after the Wavy Baby or risk losing/diminishing their trademark protection. I think you’re totally right though, this shoe is clearly not meant to be a functional skate shoe and is not really threatening Vans’ market share in any meaningful way.
Again, great vid and I will never tire of seeing all these shoes and boots cut in half!

[SNELLERIZED]

I agree 100% with Vans. Of course, they're constructed differently. They have to be. Everything about these is based off the Vans...clearly a stolen identity.

[jadr]

Gotta agree with Vans on this one. Complete ripoff. The entire basis of design of this shoe comes down to it being based on a classic designed by someone else, without the original Vans design these shoes are irrelevant. He should have done it as a collaboration with Vans or come up with his own unique design not based on their footwear which would have been truly original as an artist.

[dingo]

As someone who loathes trainers and has no idea why some become so famous, I totally thought it was Vans who made the wavy baby as they [to my un 'trained' ] eyes look totally the same only distorted. It takes several seconds and close scrutiny to see that they are made by a totally different company. To me that is appropriation and the abuse of the Vans 'fame' to propel their comedy shoe on someone else's back. They could have made them completely different. But what do I know, I wear a 16 year old pair of Kappa trainers as houseshoes and am not ashamed. Meh.

[dagttv]

Mischief wanted the suite like they do on all their other parodies. Brings them attention and sales. They specifically designed the shoe to push a company like vans into protecting their IPs. The only way I can side with vans is if I think kids look at this shoe without understanding, see the price and the rapper and think it’s the “ultimate” vans. When in reality it’s nearly unwearable.

Not that it’s got to do with anything but the shoe is clearly a wavy version of the old school, not the skate low. The skate low came later as skate shoes needed more and more protection. It’s one of the oldest vans still in production along with their authentics

[scottydoesntno]

As a piece of art I don’t see a problem with the wavy baby but as a shoe I do think it’s an issue.

[blvkoz]

this is a trademark issue...i have to agree with vans on this one just like i agree with nike going after many companies that copy their shoes but change the logo just a bit.

[bjmarchives]

I don’t know the details of the case. It would have made sense to approach Vans when it was in planning phase to get their permission. Detail the price of the shoe, art concept, limited number made, agree to give them a small percentage, etc. and move on with it or don’t. I am not surprised that they sued, even if I don’t agree.

[ylNk]

I don't agree here. When I saw them first time at some store on the internet, I thought it was Vans special release or collab with other company. It took me a few minutes to find what MSCHF is (never heard of them before since I'm not interested in art fashion) and my second thought was that MSCHF released it under Vans' approval or license and I was wrong again only to find Wavy Baby is NOT a collab and not a licensed product either.

If I owned a really big company like Vans, I would sue MSCHF or at least find peaceful resolution with benefits for both sides, despite the fact that I like what MSCHF does and support art in the war between art and corporates.

[Joshua-lzsk]

I’m with vans on this, you can’t argue the fact they look similar but curvy.
Only when people who are in the creating industry will say it doesn’t look the same because they need stuff like this so their own items which they create don’t get sued.

[SpinR]

If it were one art piece I think they would be easily in the clear, but when you sell that many pairs at such a high markup it's very clearly no longer "just an art project" in my eyes.