Skate Shoe Reissues: Who Holds the Rights?
The retail market of skateboarding is saturated with a dizzying array of shoe brands releasing signature models featuring athlete names. The athlete benefits from the deals through both sponsorship and cash payment. In return, the brand can earn a tidy sum from sales fueled by the buzz of a hot athlete name. But, what happens to a design once the athlete and sponsor decide to part ways?
The situation can be sticky because ownership differs with each brand. Etnies and its sub brands retain full rights when an athlete leaves, but some brands like Osiris will reissue a shoe without the athlete’s imprint. Others throw caution to the wind and keep an original design on the market.
Often, it’s accepted that the ownership of a model lies with whomever was responsible for the initial design and concept. If the athlete develops the design, they usually have rights to the shoe when they switch sponsors. But, if they initially did little more than picking the style out of a lineup of options and had their name stamped on it, the sponsor will usually retain the rights.
Kelly Bird of Lakai relates that “you can patent or trademark technology, but you can’t really do that with design.” Because of this, it’s completely possible that multiple brands can output similar models. If the demand and money are there, it’s likely to happen.
How do you think this gray area should be defined? Would you be more likely to side with the athlete or manufacturer if contention arises?
Tags: shoes, skateboarding, sponsorship
September 13th, 2008 at 11:11 am
the technology of the shoe should be patentable and held by the shoe company, the trademark related to the shoe and the design itself sits on the edge of where the athlete should consider that their input is what makes that copyright in the design and the trademark valuable and they should have an agreement with the shoe company that says that they are part or whole owner in that design, but are limited to that designs exploitation outside of said shoe company for a period of time, allowing the shoe company to recoup its costs and profit from the idea.
thats what I would do.
September 18th, 2008 at 4:13 pm
This has been happening since forever in action sports. Back in the 1980s John Lucero had a popular pro board model featuring a manic Jack in the Box graphic for his sponsor’s brand, Madrid.
Lucero left to start his own brand (currently he owns Black Label) and Madrid siimply removed his name from the graphics, dubbing the board the “X-team rider” model.
http://www.skateandannoy.com/features/ebay/2003/ebay020/