Judge Recommends MSCHF Face WaveyBaby TM Suit

A federal magistrate judge in New York recommended on September 8 that a streetwear company's trademark suit against MSCHF proceed. The plaintiff alleges likely consumer confusion between its WaveyBaby mark and MSCHF's use of Wavy Baby on a now-discontinued sneaker.

The recommendation follows review of the complaint, which the judge found sufficiently pleaded federal trademark claims. MSCHF had sought dismissal, but the court determined the allegations met the plausibility threshold.

The case involves streetwear branding and sneaker design elements. It remains subject to further district court review before advancing to discovery or trial.

The ruling allows the infringement action to continue against the artist collective known for provocative releases.

Sources: https://law360.com/ip https://news.bloomberglaw.com/ip-law