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.

Sneakerhead culture has significantly grown since the 1980’s. As music and sports embraced sneakers, the industry’s influence on shaping the identity of its consumers has been visible. Whether it’s repping you’re hometown or your favorite sports team, sneakers have emerged as an visual way to express who you are. Russ Bengtson, sneaker writer and editor, spoke to Yellowbrick about how sneakerheads have found identity through sneakers.

Sneakerhead Locale

“There has always been a bit of a split between East Coast and West Coast when it comes to sneakers. I grew up on Long Island in New York,” says Bengtson. “There has always been a lot of overlap between the two coasts, but you had shoes like the Chuck Taylors and the Nike Cortez that really make an impact on the West Coast.”

“The East Coast — especially New York — is different because a lot of people don’t have cars. Instead, your sneakers would really be where your status would come from. Maybe in California, you would get away with other things because you had a car. Your car would be your status,” Bengtson continued. “In New York, your shoes are your status. In this area, you’re dealing with subways and crowded streets. You gain respect from making sure your shoes don’t get stepped on and making sure your shoes don’t get taken. This doesn’t happen as often as it used to, but it was something significant. Shoes were something you’d protect and place quite a bit of value on.”

Team Love

“Before we talk about people, we have to talk about basketball programs, team colors, certain athletes being on certain teams, and how those things affect sneaker culture,” says Bengtson. “You would want powder blue Uptowns (Nike Air Force 1’s) because North Carolina was crushing teams. This was before the golden era, when everybody was rocking the starter jacket and the jersey, before the Mitchell & Ness phenomenon,” he explains. “Going back to my childhood, it was about watching North Carolina and Duke, watching UCLA, wearing the powder blue and maize, or any other colorway. It was about Boston College, wearing the burgundy and mustard.”

Although individual endorsements weren’t popular during this time, it was standard practice for college teams to have endorsements deals. As a result, teams and brands were closely affiliated. “North Carolina had the weapons and all of the emerging styles under Converse. Georgetown had the Hoya Nikes — the midnight blue with the smoke gray,” recalls Bengtson. “With college basketball teams, you had the particular colors of their uniforms all the way to brand Jordan. All of a sudden, you had these college teams’ colors on everybody’s feet around the way.”

The Price of Being a Sneakerhead

“When sneakers would get popular, it wasn’t always just because of who was wearing them. In some cases, it would even be about how expensive they were,” Bengtson remembers. “You can look at something like the Adidas Forum, which didn’t have any player associated with it. Players wore it, but it wasn’t necessarily a signature model. However, people still wanted it because of how expensive it was.”

For sneakerheads, price and exclusivity adds to allure. “A lot of these brands that didn’t necessarily make a lot of noise in other spaces were able to have an impact because of the price tag and because of the status that the shoe gave you, says Bengtson. “When it really comes down to it, in a lot of places, the sneakers you wear are a lot more meaningful than just being a pair of shoes. They say a lot about what you value and what you identify with, and they have a real effect on the way other people view you.”

You can learn more about the history and future of the sneaker industry by exploring Yellowbrick’s Sneaker Essentials online course.

If you’re looking for a career in sneaker media, first and foremost, you have to know about sneakers. That might seem obvious. But there are many experienced, knowledgeable people in sneaker media nowadays. If you don’t know what you’re talking about, we will know pretty quickly, and you will not last. It’s that simple.

You need to be passionate about your sneaker education. This is not a field that you can just walk into without knowing what you’re talking about. Sneakers can be two different types of products. If you’re wearing them on the court, on the field, or for any athletic activity, they’re performance products. But if you’re not, they’re fashion products. You’ve got to look at it that way.

If you’re getting into the content business, you need to know how to write. You need to know how to speak. If you want to be on camera, you have to know how to hold yourself on camera. You have to know how to interview people. You need to know how to use a camera, edit, and set up a shoot.

It’s no different from any other content creation angle or subject. Any skill that you would get from a media curriculum at any reputable college or university will get you where you need to be. But in order to get over the hump, you have to know your sneakers, and that’s where online sneaker education comes in.

Sneaker media now is about a lot more than just writing about when the shoe is coming out and which stores will carry it. You have to figure out what people in the scene care about. You have to create video content that can kind of give your own spin on that shoe beyond the objective facts around how much it is and how limited it’s going to be.

Sneaker education, and particularly online sneaker education, have opened up the world of sneaker design and media to more people around the world than ever before. There are just so many more voices out there.

It’s also interesting because now, brands are kind of competing with sneaker media. When sneaker blogs first came about, brands and the sneaker industry in general hadn’t really figured out how to tell their own stories around shoes, so they had to rely on websites like Sneaker News or Complex to tell those stories for them.

Now, the brands have their own ways of telling these stories and are increasingly more interested in doing so because they can control those narratives and they can create them on their own terms. There’s a little bit of a push-and-pull now in that relationship because brands would rather tell the stories themselves in a lot of instances.

Sneaker media is something that evolved as a reaction to sneaker culture. I feel like you had people who were super interested in sneakers. You could see that in something as simple as basketball.

Not to make Michael Jordan an example of everything, but Air Jordan, to some people, was as big a deal as Michael Jordan himself. Regular media, whether it’s newspapers or even magazines, were sort of slow to pick up on that. You would maybe get a photo of a sneaker somewhere.

I believe it was in 1987 that Sports Illustrated wrote a little column next to a piece on Michael Jordan about the Air Jordan 2. That was a huge moment and something that I cut out. I think I still have it somewhere because it was a whole thing specifically on the shoe.

This is off-topic a little bit, but that was the attainable part of Michael Jordan’s sort of magic. It’s like you couldn’t literally be Michael Jordan, but you could wear the same shoes he did. To find something you could read about that shoe was really special back then.

This was even before Bobitto wrote his piece in The Source. That piece took this thing that a lot of people were interested in, and one person who knew a lot about it talked about it. That made a lot of people realize, “Hey, I’m not alone in this.” I think we all had friends we talked about sneakers with, but knowing it could be this thing was super important.

I remember when I was writing to SLAM to try and write for them. One of the reasons I wanted to is because I knew the first Air Jordan Retros were coming out in 1994 or 1995, probably because they were in a magazine. I forget who mentioned it. But I wanted to write about them somewhere, and SLAM seemed like the place I would be able to do that.

Sneaker media before that was a very service-oriented thing, whether it would be Consumer Reports talking about something or specifically running magazines. I think those magazines probably don’t get enough credit. Magazines like Runner’s World talk about running shoes, but as a tool. They’re not talking about it as if it’s cool because it has this visible airbag. It’s like, “No, we ran in this for 500 miles, and here’s what we liked about it, and here’s what we didn’t.”

Since then, obviously, it’s blown up everywhere. Bobbito did a sneaker show on ESPN. You had web-based sneaker shows even just in the Complex network, whether it’s Full Size Run or Joe La Puma doing Sneaker Shopping or DJ Clark Kent and me doing Quickstrike, which predated a lot of those things.

It was a matter of knowing an audience is out there and convincing someone to take the chance on you to serve that audience. I think that’s the most important part — the audience was there, and the interest was there. The audience just needed that product to serve them, and it grew up around them.

When you speak about the merge between sneakers and sports, there’s no greater influence than Michael Jordan. One of the most compelling issues revolving around Michael Jordan and sneakers was when the NBA banned his sneakers for having too much black on them in 1985. This was a story that really tapped into the heartstrings of urban sneaker consumers.

Questions were asked about the issues of the sneakers. What was wrong with the coloring of the sneakers? What rules were being violated by having a lot of black on the sneaker? The unbelievable answer was that there wasn’t any white on them.

The Racial Tensions Were High in New York for the Sneaker Industry

Now you have the perfect storm of events with a whole lot of tension behind a whole lot of racial situations. You have this symbolism of the best player in the NBA, at the time, being told that his shoes had too much black on them and that he would be fined if he continued to wear them. The emotion in this controversial issue created a great marketing story for sneaker consumers.

On September 15th, Nike created a revolutionary new basketball shoe. On October 18th, the NBA threw the shoes out of the game. Fortunately, the NBA can’t stop you from wearing Nike’s Air Jordans.

Michael Jordan Was the Greatest Influence on Sneakers in Sports

At the time and up until Michael Jordan ended his career of being the best basketball player in the world, a new-wave phenomenon of sneakers became insanely popular. So here you have, arguably, the most important athlete of all times. He did everything. From an athletic standpoint, there is still no better player in the game of basketball. Everyone wanted to be like Mike on the basketball court. But in his younger days, Mike was also very fashionable. He wore Nike sweatsuits and rocked gold chains.

Michael Jordan helped transcend sneakers, the sneaker culture, and sneakers as a fashion object. The sneakers were so beautiful that people wanted to wear them off the basketball court and into the streets. People were wearing Jordans a hell of a lot more in the streets than they were on the basketball court. So Michael Jordan was everything when it came to sneakers.

Michael Jordan hasn’t played a professional game of basketball in decades now, but Air Jordans are still the number one talked about sneakers. They are still the number one sneakers that people line up and camp outside for. Jordans aren’t really used for basketball anymore. They rarely were back in the day, but they are even less now. Jordans have become more of a fashion product these days.

Sneaker Culture Fueled by Celebrities on Social Media

Celebrities are a significant influence in the sneaker culture. You see a lot of the sneakers they are wearing, especially on their personal social media accounts. For example, you see Lebron James taking lots of photos of his shoes and posting them on his Instagram Stories. He posts a lot of pictures of his shoes, and you notice that he has better sneakers than everyone else does. It’s a place for him to show off his sneakers, but it’s also his cosign, and this marketing tactic works. Kids are going to see his posts and want his sneakers.

Nowadays, athletes who play sports aren’t as influential in footwear as they used to be. However, we are in a place now where people are more interested in what the athletes are wearing before the game than what they are wearing on the court. If Kevin Durant or Russell Westbrook wear a pair of Virgil Abloh Air Jordan 1s before the game, then that’s what everyone is going to notice. Fans and consumers may not be buying as many signature on-court sneakers anymore, but it’s those off-court moments that express their true personalities.

Every celebrity on social media these days feels like a sneakerhead. Sneakers make people feel good, whether they are rich or not. When you have new shoes, and that new shoe feeling, you kind of want to show them off to the world.

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.”