Aug 21 (Reuters) - Vans has agreed to settle its lawsuit
against art collective MSCHF over its distorted parody versions
of Vans' shoes, according to a filing in New York federal court.
The parties told the court on Tuesday that MSCHF will
permanently stop selling its "Wavy Baby" shoes and using Vans'
trademarks based on the terms of a confidential settlement
agreement.
Vans' parent company VF Corp ( VFC ) declined to comment.
Attorneys and spokespeople for MSCHF did not immediately respond
to requests for comment and more information on the settlement.
MSCHF is a Brooklyn-based conceptual art group that
specializes in satirizing consumer culture. It was separately
sued by Nike ( NKE ) in 2021 over its collaboration with rapper Lil Nas
X on "Satan Shoes" - customized Nike Air Max 97 sneakers that
purportedly contained a drop of human blood - in a case that
later settled.
Vans sued MSCHF in April 2022 over its "Wavy Baby" shoes,
which alter Vans' classic Old Skool shoe design with an
exaggerated "wavy" structure. MSCHF sold all 4,306 pairs of the
shoes within an hour of releasing them, four days after Vans
filed its lawsuit.
U.S. District Judge William Kuntz later that month
preliminarily blocked MSCHF from advertising or fulfilling
orders for the shoes, and said Vans was likely to prove that
they would cause confusion with the company's
trademark-protected design.
MSCHF challenged the decision at the 2nd U.S. Circuit Court
of Appeals. Its attorney David Bernstein of Debevoise & Plimpton
told the court that its cartoonish shoes are not intended "to be
worn at all, other than as a statement" on consumerism and
sneaker culture.
The 2nd Circuit upheld Kuntz's decision last year, agreeing
that MSCHF's shoes were likely to confuse consumers and
rejecting the collective's argument that it was entitled to
enhanced constitutional protections that can apply to works of
art in trademark cases.
The case is Vans Inc v. MSCHF Product Studio Inc, U.S.
District Court for the Eastern District of New York, No.
1:22-cv-02156.
For Vans: Lucy Wheatley, Philip Goldstein and Matthew
Cornelia of McGuireWoods
For MSCHF: David Bernstein and Megan Bannigan of Debevoise &
Plimpton, William Patterson of Swanson Martin & Bell
Read more:
Vans wins appeal in bid to ban art collective's 'Wavy Baby'
shoes
Nike ( NKE ) ends lawsuit over Lil Nas X 'Satan Shoes,' which will
be recalled
(Reporting by Blake Brittain in Washington)