Online Sneaker Education: Copyrighting Your Sneaker Designs (2024)

Online Sneaker Education: Copyrighting Your Sneaker Designs (3)

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  • Published On:December 24, 2021
  • By: Charlie Kane

"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 CopyrightsJay-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 CopyrightIn 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 IndustryWhat 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 ThoughtsSneaker 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.

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Online Sneaker Education: Copyrighting Your Sneaker Designs (139)

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Of my career achievements, I am the most proud of being a uniform fit specialist for the Delta Style Project... Delta only redesigns their uniforms every 5-10 years. The uniforms were designed by Zac Posen and manufactured by Lands End... We are in the Delta museum and will be a part of Delta airlines history.

Online Sneaker Education: Copyrighting Your Sneaker Designs (140)

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Online Sneaker Education: Copyrighting Your Sneaker Designs (141)

Fashion Designer, DWCProject Runway Season 16 Contestant

Everyone has challenges and obstacles they face in the industry. It's what you do with those minor situations that help you become better if you allow it. You have to fight for your vision and be relentless.

Online Sneaker Education: Copyrighting Your Sneaker Designs (142)

Online Sneaker Education: Copyrighting Your Sneaker Designs (2024)

FAQs

How do I copyright a shoe design? ›

To obtain a design patent for a shoe design, the designer must first file a design patent application with the United States Patent and Trademark Office (USPTO). The application must include a detailed description of the design, along with drawings or photographs of the shoe. The designer must also pay a filing fee.

How much does it cost to design sneakers? ›

If you need to hire a designer, the cost can run from $500 to $5,000. The cost is dependant upon the experience of your designer and if you need an upper design and an outsole design. Some shoe designers charge a flat fee for an entire shoe, some charge you piece by piece for the outsole and uppers.

Are sneakers copyrighted? ›

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.

How do shoe patents work? ›

A patent owner can generally expect his property right in that patent to last for fourteen years. A patent for a new shoe would likely fall under the design patent. While a utility patent protects the way something is used, a design patent typically protects the way something looks, including its shape, surface, etc.

How do I copyright my own design? ›

Registering Your Work

Applying for registration with the U.S. Copyright Office requires an application, a filing fee, and a copy of the work (which the Office calls a “deposit”). Depending on whether your work has been published, there are several different online application options.

Are my designs automatically copyrighted? ›

Once one creates original artwork, the current copyright law automatically protects it. Even without notice or undergoing the registration process.

How to become a sneaker designer? ›

How you can become a sneaker designer
  1. Practice drawing shoes. ...
  2. Earn an art or fashion degree. ...
  3. Work with a mentor. ...
  4. Become advanced in computer drawing software. ...
  5. Create your portfolio. ...
  6. Pursue an internship. ...
  7. Gain industry connections.
Jun 24, 2022

What degree do you need to design sneakers? ›

What is a Shoe Designer?
Degree RequiredBachelor's degree
Education Field of StudyFashion design
Key SkillsArtistic ability, creativity, attention to detail, communication
Job Growth (2020-2030)*0% (for all fashion designers)
Median Salary (2020)*$75,810 (for all fashion designers)

Is customizing sneakers legal? ›

There are no specific laws that prohibit customizing sneakers for personal use, as long as you are not infringing on the intellectual property rights of the brand.

Is it illegal to use Nike logo? ›

All trademarks, service marks and trade names (e.g., the NIKE name and the Swoosh design) are owned, registered and/or licensed by NIKE. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

Did Nike sue for copyright? ›

The Swoosh officially filed a lawsuit on Wednesday in a Manhattan federal court against the Japanese shoe maker, alleging copyright infringement on the Nike Air Force 1, Air Jordan 1, and Nike Dunk, according to Reuters.

How to trademark a shoe design? ›

You'll need to submit a trademark specimen or an example of how you intend to use your desired trademark. This can be a tag, label, container, or display for your new footwear. You do not necessarily need to submit a manufactured prototype of the footwear you are registering.

How much does it cost to patent a shoe design? ›

With a patent lawyer, the average cost is between $1,500 and $3,000. Complex cases are more expensive. Applying for a design patent yourself will cost around $1,000 for a small business and $2,000 or more for larger companies.

Did Michael Jackson have a patent on shoes? ›

Jackson and his co-inventors were granted a U.S. patent for the shoe in 1993. The shoe had a slot in the heel region. The slot was designed to engage with a peg, that could be raised and lowered through the stage when required. When heel engaged with the peg, Michael could lean forward into the attached ankle straps.

Is it legal to make custom shoes? ›

There are no specific laws that prohibit customizing sneakers for personal use, as long as you are not infringing on the intellectual property rights of the brand.

Can I copyright a product design? ›

Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both.

How do I trademark my own design? ›

You can register a logo with the USPTO by using the Trademark Electronic Application System (TEAS) or other online trademark service. If your logo includes design elements, you will need to upload an image, using a . jpg file, of the logo as part of your trademark application.

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