Top Stories in 2021: The NFT Takeover
The latest digital craze to hit social media this year
If you look at the current landscape of sneaker media, there are a lot of things that exist now that probably didn’t exist five years ago. One example of this is unboxing videos. An unboxing video is just what it sounds like: a video of someone unboxing their new sneakers. And if you told someone in the 1980’s or 90’s that this would be a popular thing in the future, they probably would have looked at you as if you were crazy. Yet, here we are, with many people creating them.
If you look back at it now, though, in a way, it makes sense. When you really think about it, what is the best moment of getting a new pair of shoes? The answer is the moment you take the sneakers out of the box. And there are a lot of feelings connected to that part of the experience.
There are a lot of sensory and emotional things that come with that moment of unboxing a new sneaker. In a way, it’s a shame that you can’t actually experience the smell of the packaging or the feel of the shoe simply by watching a video, because it’s all very distinctive, and it can really take you back to a specific time in the past.
It’s hard to know where media in the sneaker industry goes from here. The most effective unboxing videos tend to be the simplest ones, whether it’s a basic overhead shot or just something straightforward, focusing on the box and not featuring as much talking. After all, how much is there to really say about an Air Jordan 3 that hasn’t already been said?
One idea is to really embrace the nostalgia that comes with unboxing videos. You could create some that feature a whole theme centered around a specific era of the past. Make the setting look like a Footlocker from 1988, shoot it on VHS tape, have music from the era playing and even have a hairstyle that fits the timeframe. This is just one idea of how these content creators within sneaker media can improve on and create variations of the basic unboxing videos, because they’ll need to evolve and change to avoid becoming stale.
Online sneaker education is a good way to learn more about the development and future of sneaker media and the sneaker industry. It’s by far the most convenient and accessible form of sneaker education available.
The role of an editor has changed over time. An editor for print magazines had to worry about the articles that were being printed, where the advertisements would be placed, and how the photos would be represented. They had to be meticulous about every single apostrophe or period because it’s in print, it’s on paper, and it’s there forever.
Now with the digital age, it’s really changed. Instead of managing just one publication, you’re managing an entire brand and every sort of platform that your brand touches. It could be a print magazine, and it could also be how the Facebook page is curated. How the photos that go up on the Instagram feed. How things are copy-edited on Twitter. And where the logos are placed on your videos.
You have to be more multifaceted now. You still need to know how to put a sentence together because that’s the building block of everything else. When you are working with a brand of sneakers in this digital age you’re not just managing one thing. You have to think about it as an entire brand, especially if you’re running a media site.
Trademark infringement is a huge issue in the sneaker industry. Just look at Lil Nas X and MSCHF; they did the Satan Shoes, where they took a Nike Air Max 97, injected human blood in the sole, and put devil imagery all over the sneakers. Nike sued for many different causes of action, trademark infringement being one of them. Trademark infringement is not something to take lightly. Remember this as you continue your online sneaker education.
Converse filed a complaint with the International Trade Commission against 31 different companies over trademark infringement on the Chuck Taylor sneakers. Adidas sued Skechers and actually won the case for trademark infringement on their Stan Smith. Warren Lotas was sued by Nike for his version of the Pigeon Dunk. The list goes on and on and on. You’ll see no shortage of these kinds of issues in your sneaker education.
In order to prove trademark infringement, you have to demonstrate two things. First, you must prove that you have a valid and protectable trademark. Next, you have to demonstrate that there’s a likelihood of consumer confusion; that the consumer will likely be confused as to the nature or origin of the product or services. In order to prove a likelihood of confusion, courts look at the Polaroid Factors, which is a long list of factors that they weigh against in order to determine whether or not there is a likelihood of confusion as to who actually owns the product or service.
Before there were websites and social media channels dedicated to sneakers, you didn’t really see a lot of sneakers in the media. This made it harder to connect with them. Most of the sneaker ads that aired were celebrity-based, linking them to specific releases.
I remember seeing videos of certain shoes like the banned Air Jordan 1. When these sneakers were first released to the public, they were only carried by outlet stores. So naturally, this made them super coveted. Today, those same shoes could sell for thousands of dollars.
Sneaker Industry Chaos
There was this one sneaker video of an outlet store with a large drawn gate in front of it. It was early in the morning, and people were waiting outside of the gate to enter. No official line was formed yet because they had to wait for the gate to open before moving into the plaza area in front of the store. Eventually, security came and opened the gate. As soon as there was a gap underneath the gate, people were on the ground crawling under it.
So as this gate lifted, the crowd emerged from it, and people start sprinting to get to the storefront. They were running as fast as possible to get there and form an official line. This happens every time there is a massive Jordan sneaker release.
The new sneaker releases were always accompanied by these funny local television coverage pieces done by people who don’t actually know what’s going on. So they would fumble around, trying to figure it out as they went, and it rarely made sense.
Let me tell you a little bit about why these shoes are important to you. You see, they have the icy gum bottoms. Just lick them. They are limited editions. These shoes are never coming again.
I remember when the Galaxy Foams were released in Orlando in 2012. There were news teams covering the event with helicopters overhead and cops at the mall, shutting things down. It was pure chaos.
There have been a lot of fights at New York City sneaker stores that have gone viral. With so many people pushing and shoving each other over shoes, eventually, the cops are going to get involved, and the whole event will get shut down. In New York City, Supreme can’t release their Nike collaborations in the store anymore because of moments like these.
Social Media as a Marketing Tool
Meme culture has also contributed to big pop culture sneaker crossover moments. We all remember the Damn Daniel thing with the white vans sneakers.
Damn, Daniel. Damn, Daniel. Damn, Daniel. Back at it again with the white Vans.
The “Damn, Daniel” kid eventually became so popular that he received a free supply of Vans for life. It’s interesting to see how these top-name brands react to these moments. There is a lot of free marketing, and they have to figure out how to best take advantage of it. I remember when all of this was happening, and I emailed Vans to ask if they were doing something about this. They responded that they had a plan. Some people speculate that Vans planned this, themselves, as a marketing strategy. I don’t believe that, but some people do.
“A lot of people get copyright and trademarks mixed up,” says sneaker industry professional Kenneth Anand. What is a copyright? A copyright protects an original work of authorship. “Original works of authorship” can include, but are not limited to, architecture, graphics, pictures, sculptures, works of literature, or other types of artistic work.
Examples of Copyrights
Jay-Z would have a copyright on the lyrics that he writes for his songs. He would also have a copyright on the songs themselves, as they are fixed in MP3 or CD format. Artist Daniel Arcam would have a copyright over his paintings, unique Pokemon, and eroded DeLorean sculptures.
Writer George R. R. Martin would have a copyright over his books for “Game of Thrones” and the screenplay for the HBO TV series “Game of Thrones.” These are various examples of the types of copyrights that you can have.
Benefits of Copyrights
“One of the main goals of copyrights is to allow the inventor the ability to reap the benefits of creating the work,” Kenneth Anand explains. This means that whoever owns a copyright has the exclusive right to reproduce, publish, promote, and sell their works of art. In order to obtain a copyright, the work must be fixed in a tangible form. You cannot get a copyright for just an idea.
Obtaining a Copyright
In order to obtain a copyright, your work must follow three basic requirements. First, the work must be original, meaning it must be independently created rather than a copy of something else already existing. Second, it must be creative, meaning that there must be some minimum basis of creativity for the work. Finally, it has to be fixed. Copyrights cannot be ideas or things made up out of your imagination. Instead, they must be fixed in some tangible form. If a work has all three of these elements – original, creative, and fixed – you can obtain a copyright for it.
What types of works can you copyright? As said before, a copyright protects works of authorship, such as songs, books, videos, and other similar creations. You can even get a copyright for fabric patterns, jewelry designs, software, and architectural designs.
Copyrights in the Sneaker Industry
What do copyrights mean for sneakers? Are copyrights even applicable to sneakers? Typically, under US law, you cannot get a copyright for things that are useful articles, like hoodies, shoes, and/or pairs of pants. These are useful articles that are not copyrightable because they are not considered creative, unique, or original. However, there are some ways copyrights can be applied to sneakers.
Many sneaker companies are now turning to copyright law to protect their designs. How? First of all, designs on the side of a sneaker can only be copyrighted if they are separate and distinct from the useful article (the shoe) itself. Kenneth Anand’s former colleagues at adidas, for example, obtained a copyright application and protection for the design of the Yeezy 350 Boost.
“Well, they applied to the copyright review board. And they originally denied their application, because the copyright board said that the designs on the side of the Yeezy were not original, and were not separate from the useful article itself,” recalls Anand. “They were not satisfied with this so they appealed. And ultimately they were able to obtain a copyright application for the design of the 350 Boost, which is the stripe pattern that everybody knows and loves of the 350.”
It took many years and a lot of legal fighting, but Kenneth Anand’s colleagues managed to obtain a copyright. Today, more and more sneaker companies are turning to copyright applications for a cheap and easy way to protect the designs on the side of their sneakers, as long as the designs qualify as copyrightable works.
While sneaker companies are turning to copyright law to protect the patterns and designs on the side of their shoes, copyright law is traditionally used in the sneaker industry in many other ways. “For example, you can copyright your website, photos, or other promotional materials that you create, in relation to the sneakers themselves,” Kenneth Anand continues. “So copyright is useful in many ways to protect a sneakers brand and all of the collateral that goes around building that brand.”
An important thing to note about copyrights is that you must ensure your designs do not infringe on other people’s works. If you do not, you could find yourself in a lawsuit that could take years to resolve and can be quite costly.
Final Thoughts
Sneaker education expert Kenneth Anand highly recommends that you make sure anything that you are creating is original, creative, and fixed in a tangible form. If you meet those three requirements, you will be on your way to obtaining a copyright and protecting your own intellectual property.
This history of sneakers in film and videos really dates back to Spike Lee movies like “Do the Right Thing,” and “She’s Gotta Have It.” Lee helped bring sneaker culture to the forefront of film. There is one iconic scene in the movie “Do The Right Thing” where the character, Buggin Out, is wearing a pair of Air Jordan 4s. During this scene, his sneakers are run over by a passing bicyclist. This moment in the movie is, still to this day, one of the most powerful sneaker scenes in film history.
The famous movie scene not only displayed the Air Jordan 4 sneaker on the big screen, but it also exposed the idea of someone getting angry about their shoe getting scuffed. Afterward, Buggin went home and tried scrubbing out the scuff with a toothbrush. This is a very real feeling that all sneakerheads have felt. Spike Lee was able to bring this emotion to film because it was something he experienced himself.
This exposure led to Spike Lee, Nike, and Jordan forming a longer relationship. They worked together to develop stylized shoe commercials that resembled films. Their partnership was a starting point for sneakers in film and pop culture. After that, sneakers played a significant role in movies like “White Men Can’t Jump,” “Blue Chips,” and “Like Mike.”
If it weren’t for Spike Lee and his movie “Do The Right Thing,” we wouldn’t have the sneaker video content that we have today. Sneakers used to play more of a complementary role to performance, but nowadays, sneakers have become more of a main attraction. There is sneaker video content all over the web, on YouTube, and on Instagram.
Sneaker Industry
Sneakers have always been a big part of sports like basketball. However, these sneakers cater to a specific audience of people already predisposed to them. For example, any basketball fan that saw Michael Jordan wearing Air Jordans already knew about them, even if it was just peripherally.
In “Back to the Future,” Michael J Fox wore a pair of futuristic-looking Nike Macs that were almost the costar of the film. The shoes, and that particular part of the film, were both created by famous Nike designer Tinker Hatfield. This unique project was an excellent opportunity for a man who is creative on many levels to flex in an entirely different lane.
A Shift in Sneaker Culture
This shift in sneaker culture created an area in film and video where people would notice sneakers that they usually wouldn’t. Sneakers are often viewed as just a necessity. Just something that people have to buy their kids every year that often comes with a surprising price tag. But when you see something amazing like the Nike Mac in the movie “Back to the Future,” it raises awareness. Those shoes become so much more than just another piece of a school uniform.
Great Scott!
Sneakers like this have a cultural context to them. They represent this importance to another generation that people may not recognize. The futuristic sneakers designed for the movie “Back to the Future” became the future of shoes in reality when Nike created and sold the light-up, self-lacing shoes based on the film.
The cross-over commercial for Nike’s new Back to the Future-inspired sneakers launched in 2011. In the commercial, the shoe store employee shows the futuristic sneakers to the athlete customer. He’s talking about how the shoes light up when Doc shows up and asks if the sneakers are self-lacing. The employee tells him that they will be adding that feature in 2015.
Sneakers in Television
Popular television series like “The Fresh Prince of Bel-Air” and “Seinfeld: were iconic sitcoms, but they were so much more to sneakerheads. A true sneakerhead will never forget Will Smith, standing in the empty living room wearing his all-white Jordan 11s in the last episode of “The Fresh Prince of Bel-Air” or the episode of Jerry Seinfeld when he put his feet up on the coffee table, revealing his Air Jordan 7s.
These were all vital moments in the sneaker culture, and they happened before the internet was a big thing. Now websites like Complex make lists of the best sneakers aired on hit TV shows, and sneaker brands tell stories around these pop culture moments.
On-court sneaker coverage in the NBA has definitely changed. In the ’90s with Michael Jordan, you had to wait and watch the game and see what they were wearing on TV and kind of squint and try to match what you saw in the sneaker store to what they were wearing on their feet. Now, we have 4K cameras and HD TVs. You can see every detail, and there are a lot more choices in terms of on-court basketball sneakers than there used to be.
There used to be four colors of Air Jordans every year. Now, there are eight colors of Air Jordans that come out a month. Now, there are websites and blogs that are just dedicated to what NBA players are wearing on court. I think it’s changed along with how technology and the internet has evolved. It’s just made everything a lot more accessible.
Building the business of sneaker media is a topic discussed in the sneaker education course.
“Nice Kicks” was, in a way, the Forefathers of the Blog era when it came to sneakers. You know, the blog was the “who, what, where, when, and why” of athletic shoes. Then, when that blog caught on, a lot of other companies were developing blogs. They were predecessors of, “Sneaker News” and “Hypebeast” and, of course, “Complex.” These sites were the original group to kick off the popularity of shoe blogs and online sneaker education.
I remember “Nice Kicks” and “The Shoe Game.” “Sneaker Files” was another of the early ones. These were the first pillars of popular shoe media and sneaker education. However, you’ll remember that I was saying that those blogs didn’t get invited to press trips and press unveilings back in the day. Now, they’re on the priority list for brands.
“Bobbito’s Confessions of a Sneaker Addict” was essentially the first recorded piece of sneaker media. I actually remember talking to Bobbito about this, and I remember him telling me that before his blog, the only way that you could see athletic shoes in the media were during basketball games. He would say that viewers would hope that a player got injured so the camera would shoot a close-up on their feet so they could see what shoes athletes were wearing in the NBA.
That was the first time you saw someone write passionately and knowledgeably about the subject of sneakers, and it was in a legitimate magazine. I think that was really the genesis of all of athletic shoe media. Then, from there, Bobbito went on to write the first book about the sneaker industry, “Where’d You Get Those,” which is, I think, over a decade old now.
That’s the beginning of the print age, and then, SLAM launched “Kicks” magazine, started by Russ Bengtson, and that was the first real magazine dedicated to this type of shoe. That was an offshoot of SLAM.
Then, you have the internet age that came in. Sneaker blogs really started first with forums and message boards like “Nike Talk” and “ISS,” which eventually turned into “Sole Collector.” These forms were kind of like hives of sneakerheads where these people would post leaks or things that blogs pretty much cover now. The difference between forums and message boards was that you could have actual interaction with other people in the community, where opening up a print magazine, you really couldn’t have that.
Now, it’s kind of evolved to web blogging. Those forms and those message boards turned and evolved into actual publications with branding. The heads of these sites could curate the news and things that were covered and then still have a lively comment section where there’s a community of sneakerheads interacting with the content and interacting with each other.
Fast forward to the mid to late 2000s, that era turned into social media and online blogs. Then, even shorter, easier versions of blogging, basically, where everything was in 140 characters or less. Everything could just be as simple as an image with a caption. Through that, you start to see the arc of where sneakers on the internet and how people who are consuming this content grew. None of that would have been possible without “Bobbito’s Confessions of a Sneaker Addict.” That was really the start of everything.