Are Shoes Art? ‘Wavy Baby’ Case Tests Trademark, Expression Line

A trademark dispute between Vans Inc. and a Brooklyn-based art studio is set to rekindle a debate about how courts should properly balance free speech and trademark law, highlighting the difficulty of distinguishing artistic expression from consumer products.

MSCHF Product Studio Inc. is attempting to reverse a lower court’s order preventing the sale of its “Wavy Baby” shoes made in collaboration with the rapper Tyga, which Vans claims infringe the trademarks of the “Old Skool” skate shoe. Oral argument is set for Sept. 28 in the US Court of Appeals for the Second Circuit.

The Wavy Baby includes similar colors ...