The Drop That Broke the Internet— And the IP That Protected It
How the art collective behind one of the internet’s most iconic fashion drops partnered with MarqVision to fight knockoffs—and made legal history.
MSCHF
in the first 6 months
in China
MSCHF is an art collective built on disruption. Known for blending satire, fashion, and cultural commentary, their projects often blur the line between artwork and consumer product. From Satan Shoes to ATM Leaderboard, each release feels like a social experiment—and each one draws mass attention.
But nothing hit quite like the Big Red Boot.
The Breakthrough with “Big Red Boot”
A notable success for MSCHF was the launch of the Big Red Boot. The item became immediately iconic, attracting the aWhen MSCHF dropped the Big Red Boot in February 2023, it wasn’t just viral—it was seismic. The boot exploded onto social media, worn by celebrities like Lil Nas X, Ciara, and Doja Cat, and rapidly cemented itself as a pop culture artifact.ttention of celebrities like Paris Hilton, Lil Nas X, Ciara, and Doja Cat.
The overnight hit put MSCHF squarely in the public eye, bringing acclaim and the attention of countless new fans. However, as many brands have experienced, this success brought its own unforeseen problems in the form of counterfeits.
The Counterfeiting Challenge
With only 200 boots released in the original drop, demand far exceeded supply, creating a perfect storm for counterfeiters. Knockoffs began appearing almost instantly across global online marketplaces.
The popularity of the Big Red Boot led to the rapid spread of cheap replicas and the unauthorized use of MSCHF’s branding.
Despite their success, MSCHF, still a small business at heart, found themselves unprepared for the onslaught of counterfeits. The brand’s initial response was to monitor misuse using their in-house resources.
John Belcaster, MSCHF’s General Counsel, launched an initiative to combat the influx of counterfeit products, struggling with the enormity of the task. His efforts included scouring online marketplaces for fakes, tracking progress in extensive spreadsheets, and aiming take-down notices at illicit infringers.
This challenge was made even more difficult by the high number of infringers coming from Asia. John optimistically expanded his own brand protection efforts to cover these channels, but struggled with a huge pushback from the start.
The MarqVision Solution
Enter MarqVision, a solution that stood out for its remarkable speed and efficiency in the removal of counterfeits before they have the time to build up damaging sales numbers.
MarqVision's comprehensive network, especially in Asian marketplaces such as DHgate, JD, and Alibaba, empowers MSCHF to efficiently combat infringers.
Given MSCHF's work as an art collective that frequently evokes third-party IP for commentary, critique, and parody, it is essential for them to have a provider that allows them to make selective enforcement decisions. MarqVision enables MSCHF to enforce their IP rights only when they choose, preventing the inadvertent takedown of legitimate sellers' or collaborators' listings.
The Trade Dress Challenge
MSCHF didn’t stop at takedowns. They made a bold legal move: to secure trade dress protection for the Big Red Boot.
Trade dress is typically reserved for product designs so culturally distinctive that the public instantly associates them with a single source—think Coca-Cola bottles or Hershey’s Kisses. For MSCHF, applying just seven months after the drop, this was a legal long shot.
Initially, the USPTO rejected the application, citing insufficient time and marketing spend. But MSCHF and MarqVision countered with a new strategy: data-backed virality.
MarqVision compiled a comprehensive report showing thousands of unauthorized replicas, proving the design’s rapid cultural saturation. That report became a turning point. It helped push the USPTO to recognize the Big Red Boot as a protected design under U.S. trade dress law.
Looking Forward
MSCHF is better equipped than ever to expand their brand and continue to make bold statements about society through their unique art.
With MarqVision’s support, MSCHF will continue to push the boundaries of creativity without fear of counterfeits, impersonation, or unauthorized use of their brand in the most high-risk corners of the world.
This partnership has not only addressed the immediate issue of counterfeiting but has also positioned MSCHF for sustained growth and innovation.