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.

Online Sneaker Education in the Digital Age

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.

Sneaker Education in Brand Management

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.

After learning about trademark law, copyright law, and patent law, another important part of sneaker education is learning about trade secrets. So what is a trade secret and how is it protected?

A trade secret is a business method, customer list, pattern, idea, or some other non-public piece of information that a company will go through great lengths to protect. Trade secrets are important because companies work tirelessly to develop independent ways of doing business and to create a special product or a process, and they need to protect these items. The information is used in business to create an opportunity to obtain an economic advantage over competitors that don’t have that information. A really famous example of a trade secret is the secret ingredients in Coca-Cola’s recipe.

How Do Trade Secrets Apply to the Sneaker Industry?

Companies like sneaker companies go to great lengths to protect their trade secrets. In 2014, trade secrets were a topic at the highest level when three former employees left Nike to join Adidas. These gentlemen left and allegedly took with them information relating to various aspects of the Nike brand, including their processes of making sneakers and other confidential information about marketing, promotion, and many things that we discuss in our book about the business side.

As soon as these three gentlemen announced that they were leaving Nike to join Adidas, Nike filed a lawsuit. In it, they alleged that these gentlemen were taking specific confidential information, otherwise known as trade secrets, and using it for their benefit and for the benefit of Adidas. In its complaint, Nike asked for damages of over $10 million, claiming that this information was extremely sensitive and highly valuable to their brand. The case ended up settling out of court. But eventually, these gentlemen made their way over to Adidas, soo it was worked out. But it just goes to show you the extreme lengths and costs that companies will go through to protect their trade secret information.

Because trade secrets are so sensitive, it’s hard to know which companies have what information. But companies spend a lot of money on research and development to create trade secrets and to gain an economic advantage over their competitors.

How Does a Company Protect Its Trade Secrets?

One method that companies use to protect their information is by having employees that come into the company sign NDAs. NDAs are “non-disclosure agreements,” and they protect exactly what trade secrets are, confidential information such as data, customer lists, processes, patterns, and other sensitive and highly valuable information. NDAs are useful. But they don’t always work because many employees leave, and they go and use the information elsewhere. Sometimes, it’s hard to prove that an employee has breached an NDA. So they’re used to create a chilling effect to make sure that employees know that there will be a liability if they disclose the information that they obtained through their relationship with the employer.

Another way that companies can protect their trade secrets is through restrictive covenants in their employment agreements. We’re not going to get into much detail on restrictive covenants in this module. But when an employee joins a company, the company will sometimes ask an employee to waive certain rights and to abide by certain restrictive covenants. So if an employee comes to a company and then leaves, they may be asked, for a certain period of time, to not work for a competitor, to not disclose confidential information about the company, and to not solicit other employees that have worked for the company. These are what are called restrictive covenants. They’re methods and tools that companies use to protect their trade secrets through employment agreements.

Another way that companies can protect their trade secrets is by filing a lawsuit. This is, obviously, the most final and nuclear option in the trade secret protection ladder, but this is sometimes the last and best option when sensitive trade secrets are at stake. A company can bring a lawsuit against an employee or another corporation that it believes has stolen their trade secrets, and through litigation, they can try to work out protecting that information, stopping the dissemination of the confidential information, and, in some cases, returning the confidential information and trade secrets back to the company.

Now that we’ve covered trade secrets, we’ve really gone through all of the main facets of intellectual property law. We’ve covered trademarks, copyrights, patents, and trade secrets. After learning these basics of intellectual property, we can then move on to our next section, which is the law of sneakers and the more practical side of the business, which we call “The Art Of The Sneaker Deal.”

For the record, I cannot stand the term “sneakerhead” because I feel like it defines someone as only being into sneakers. In addition, the term tends to draw direct associations to negative terms like crackheads. I prefer to use words like sneaker aficionado or sneaker lover instead of sneakerhead. Although I love sneakers, I have never been addicted to them. I have never put sneakers above and beyond everything else.

The term “sneakerhead” has been adopted by large companies and the mainstream media. It’s also often used by people who aren’t super passionate about sneakers to describe others who are. It’s an easy phrase to describe someone that is really into sneakers.

Sneakers Bring People Together

Sharing a love for sneakers is a great way to create a bond between people, but it’s not the only thing that matters. There are many other aspects outside of sneakers that draw people together. The sneakers may be the initial common bond that can put people in a room together, but their conversations and other interests keep the bonds alive.

The term “sneakerhead” is fitting as a quick and easy definition of someone that loves shoes, but it does not explain the full meaning of the word. It’s not an accurate description of what really takes place among the people in the sneaker community. There’s also camaraderie, friendship, and kinship. There are stories being exchanged between sneaker lovers of all kinds. There’s an entire culture.

I have sneakers in my closet from countries all over the world. These are from countries I’ve never even visited. They were sent to me by friends that live there. Friends that I made while they were visiting the States. We bonded over our love of sneakers. This is an example of the global phenomenon and kinship that the word sneakerhead doesn’t fully encompass.

Sneaker Industry

There are so many different ways to describe what a sneakerhead is. I can think of at least three or four versions.

First, there are the Hypebeast Sneakerheads. These are the sneaker lovers that are out to buy the latest in everything. And they are buying these things because of the hype or the influences. Many of the influences come from musical artists. They are buying the next Yeezys because Kanye is wearing them or Pumas because Pharell is wearing them. They choose the sneakers they buy based on association, not on the design of the shoe.

Then you have the OG sneakerheads. These are the true shoe-collecting sneakerheads. They are the people buying the Stan Smiths, the never-worn first-edition Air Jordans, and the ripped-up 80s Jordans used for playing pickup basketball back in the day. These are the sneakerheads that appreciate the history of the brands like Pony. They want to be a part of that big-city culture in places like New York or LA.

Next, there are sneakerheads like me. I’m more interested in the design aspect of sneakers. This is partly because I am a designer myself. There are different aspects and elements that go into the design of a sneaker. I want to know how they can evolve, I want to know how to keep them relevant, and I want to know how to put new technology into them.

Finally, you have the new-age sneakerheads. These are the people that initiate the influences that shoes have on buyers. These are the kids that basically create the trends for everything. They are essentially hypebeasts without even realizing it.

Sneaker Culture

Ultimately, I think that a sneakerhead is just someone who really cares about footwear. They care about all things related to sneakers. They like the stories, the history, and the scene.
They want to know what’s happening and where it’s going.

I’m still not a huge fan of the word sneakerhead because it’s been so diluted by companies and people looking to make money off the term. It’s an easy shortcut to explain to people what you are into, but I don’t personally like to define myself that way. Sneakerhead typically refers to people who care about the stuff and want to spend their free time dedicated to it.

I work in sneakers, and I can’t really ever turn that off. On the weekends, I’m still thinking about sneakers or reading about sneakers. I’m still texting my friends about what sneakers are coming out, sneaker reviews, or how specific brands are being presented. So basically, being a sneakerhead is just this idea that’s always in the back of your head, and it frames the way you look at the world.

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.