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  • Posts by Joshua Bloomgarden
    Principal

    He represents a wide array of entrepreneurs, investors, entertainers, athletes, producers, writers, media production and distribution companies and emerging and established CPG brands and businesses on intellectual ...

Welcome back to the Spotlight! Hope you didn’t miss me too much. I have to say, despite my break for Independence Day, I nearly hopped back into my writer’s chair when I saw the news out of Las Vegas of an alleged slap suffered by Britney Spears at the hands of top NBA Draft pick Victor Wembanyama’s security detail. Stories that incredible make it hard to believe this is real life.  But I was quickly diverted away to a different part of Las Vegas in awe of the bright shiny object that is the $2.2 billion MSG Sphere and its “exosphere” video system that spans the entire surface of the live events venue. Not to be outdone (speaking of bright shiny objects), my sons, resting comfortably in their respective beds were awoken by the cacophony of bright fireworks outside their bedroom window. Not ideal conditions for writing, let alone sleeping. Fortunately for Wembanyama, his security was cleared of wrongdoing, fortunately for my kids and the fireworks eventually stopped.  Unfortunately for me, I had to stop watching the wondrous Sphere, which brings me here to bring you what’s new.   
 
In a case that could have far-reaching impact on the interplay between intellectual property rights and artificial intelligence (AI), Comedian Sarah Silverman was among a group of authors suing Meta and ChatGPT creator OpenAI alleging that their artificial intelligence training program infringed their copyrights by lifting passages from books including Silverman’s “Bedwetter” (also an apt descriptor for those thinking about an AI uprising).

    • Dallas Mavericks point guard Kyrie Irving’s basketball shoe endorsement deal is with a four letter brand—just not the one that likely comes to mind. Instead of Oregon, his deal takes him around the globe (or disc, depending on your viewpoint) to Chinese apparel brand ANTA. Based on recent history it’s fair to wonder whether his shoe will be called “GONIST.”
       
    • The New York Yankees ink a jersey patch sponsorship deal (worth approximately $25 million per year) with a less-than-household-name, Starr Insurance.  Perhaps the $25 million per year will provide star insurance to offset the $40 million owed to an injured Aaron Judge (toe) this year.
       
    • Already knowing a thing or two about “pop” music in advertising, Coca-Cola is taking music recording in-house, launching “Coke Studio.” When reached for comment, Studio 54 said “stay in your lane!”   

Welcome back to the Spotlight! One of the more notable headlines in Hollywood this week is that Ryan Seacrest has been selected as the successor host to Pat Sajak on Wheel of Fortune.  For a man who wears countless hats, what’s another gig on one of America’s longest running game shows?  Happily, I have my law degree to help keep a moat around this slightly lesser paying position (if I am out next week, it will be because I am taking a break for Independence Day, not because of Seacrest).  For the rest of you, it’s not Artificial Intelligence that’s the biggest threat to taking over your job—it’s Ryan Seacrest (though maybe not mutually exclusive). Speaking of concerns about obsolescence, in response to several states having passed laws shielding state schools from being punished by the NCAA for any NIL-related violations, the NCAA has issued guidance to its member colleges and universities that disregard state laws for purposes of enforcement of NIL violations. In so doing, the NCAA is brazenly thumbing its nose at detractors and setting the stage for a renewed push for federal intervention to provide clarity to confusion arguably wrought by the NCAA itself. In essence, what the NCAA is doing is the equivalent of driving the wrong way on the highway in hopes that it will create a need for a traffic light. Where the chips land at the end of the day is anyone’s guess, but certainly no stretch of the imagination is required to arrive at the conclusion that there will be litigation to resolve the stalemate. After all, what people really want is to have lawyers in the spotlight.

    • Ryan Reynolds and Rob McElhenney (alongside Michael B. Jordan and Redbird Capital) look to spin gold once again, this time on the Formula One circuit through their investment in the Alpine race team. On the one hand, Alpine is seeking to tap into the same success as Wrexham. On the other hand, they’re hoping that when it comes to their cars, they don’t wreck ‘em.

    • No stranger to things fiery red, Ed Sheeran is leveraging his record label’s new venture arm in launching his “Tingly Ted’s” line of hot sauces in collaboration with Kraft Heinz.  Personally, I would have gone with the name “Red Tearin’,” but what do I know about marketing? I’m just a small town lawyer who makes dad jokes.

    • NBA Star Chris Paul invests in plant-based brand Wicked Kitchen founded by brothers Derek and Chad Sarno. Not yet announced is whether Cliff Paul will join his brother on the cap table.

Welcome back to the Spotlight. It’s officially summertime, and the living is easy…or at least it should be (in theory) when you live in the (ahem…) spotlight. But with great star power, comes great responsibility (sidebar: I can say with certainty that this is the only time today that you read a work with a “Porgy and Bess” reference followed by a “Spider-Man” reference). That is the lesson that the NBA is seeking to impart on its All-Star player Ja Morant, handing down a 25 game suspension stemming from his flashing firearms on social media on at least two occasions (the first such occurrence leading to a 6 game suspension). Morant, whose talents have been celebrated by the league for drawing in a younger generation of basketball fans as superstars such as LeBron James age, now finds himself in a precarious position with the league and his endorsement partners. While it does not appear as if any of his contracts have been terminated, another misstep could send Morant crashing back down to earth—a cautionary tale for public figures in the age of social media, of which this year’s NBA draft class would be wise to take note.

    • NBC’s streaming service Peacock secures naming rights for the Los Angeles theater at which the EMMY Awards are held. One may find it clever that the name denotes a place to show off and be seen, but I think that it’s just fowl.

    • YouTube announced that as part of its inaugural season offering NFL Sunday Ticket programming this year, each subscription will allow unlimited simultaneous streams. Cord-cutters and cat video enthusiasts alike will undoubtedly rejoice at being able to watch the Week 5 matchup between the Panthers and the Lions.

    • The artificial intelligence, machine-learning music platform WAVS.AI, that made wav(e)s for streaming its AI-generated fake Drake song, “Heart on My Sleeve” has raised $20 million. The company will use a few hundred dollars of that to buy a companion for its AI machine (a microwave oven) and the rest will fund the company’s litigation costs.

    • Recording Artist INFJ Kenzo signs a $60 million debut recording agreement with an Israeli investment firm. Maybe I am getting old, but that’s a falafel lot of money for someone I had not heard of until five minutes ago.

Welcome back to the Spotlight and happy Fathers’ Day to all those celebrating (or celebrated) this weekend. If you’re a dad like me, you’re probably very tired, but also remarkably proud. Undoubtedly, the dads of the players for the Las Vegas Golden Knights and Denver Nuggets are especially proud of their having won the championships in their respective leagues (NHL and NBA) for the first time in history this past week (…maybe(?) a little less proud of celebratory debauchery, but that’s another story entirely).  One most valuable dad (MVD) who played a notable role in his child’s championship run is that of NBA Finals Most Valuable Player (MVP), Nikola Jokić.  Were it not for Branislav Jokić’s fatherly wisdom to shirk becoming a horseman in favor of focusing on becoming a basketball player, the 6’11”, 284 pound Serbian superstar may not have shone as bright. Certainly, the NBA world would not have been able to tell a Jokić apart from a skin condition commonly treated with a medicated powder or ointment.

As it is, the people of Denver (and presumably the horses) are grateful for Jokić’s path, going from an afterthought (having infamously been drafted while ESPN was airing a Taco Bell commercial) to one of the best players in the world—all the while remaining humble, just as dad would have wanted. And just as you would have wanted, a few other highlights from this past week:

    • Phil Mickelson’s LIV Golf team, the Hyflyers may have flown too close to the Sun, as they face a trademark infringement lawsuit from an established skateboard apparel brand, Fallen, for having a confusingly similar logo.  The logos in question appear to be very similar designs of the letter “F” backwards and forwards—which is incidentally the grade that the Hyflyers’ legal counsel must have gotten in their law school trademark law class.
       
    • The Beatles’ Paul McCartney announces that artificial intelligence was used to re-create the late John Lennon’s voice to complete a final Beatles record. Some human intervention was needed to correct the recording as the AI model became confused and kept inserting noises of a walrus.
       
    • Twitter gets hit with a massive copyright infringement suit from major music publishers. Yet another lawsuit for Elon Musk to grapple with, hastening his plans to go to Mars.
       
    • Longtime Wheel of Fortune host Pat Sajak announces that he is R_T_R_NG.
       

If there are topics you’d like to see featured, parenting advice or any combination thereof, please feel free to contact me.

Welcome back to the Spotlight! In advance of the long weekend, I had the pleasure of attending Sports Business Journal and Leaders Group’s 4se (pronounced “force”) 2023 focusing on marketing, branding and leadership in the sports and entertainment industries.  There, I met handfuls of like-minded peers, while listening to panels of influential people sharing their experiences with the attendees, while highlighting the seemingly endless intersections between these industries.

Notably, conference attendees had the privilege of hearing athletes and entertainers such as 2 time Superbowl champion New York Giants players Eli Manning and Justin Tuck and rap icon Fat Joe talk candidly about how they have parlayed their professional careers into even loftier heights in the business world. Other highlights included an emphasis on the ascendancy of women’s sports, impressive rap skills from Rhymefest and Golden State Warriors’ Chief Legal Officer David Kelly (I graciously conceded he was the better rapping lawyer).

All in all, I came away from the event feeling inspired and dare I say cool? And that’s notwithstanding an embarrassing blunder by me! Let’s just say trying to shake hands while balancing a cup of rice and beans on a plate is more perilous than it sounds. Anyway, let’s kick things off…
 

    • Maryland-based Under Armour goes local for their NIL deal with University of Maryland basketball star, Diamond Miller. A Zales endorsement deal can’t be too far away. 
       
    • Bank of America is sued by would-be Washington Commanders suitor Brian Davis’ company, for allegedly flubbing a $7.1 billion offer. $500 billion in damages is being sought, which in Bank of America’s defense seems egregious in light of the fact that the case concerns the Washington Commanders. 
       
    • Shaquille O’Neal and David Beckham’s production companies are being housed under the newly formed Authentic Studios. Here’s hoping a “Kazaam” and “Bend it Like Beckham” crossover is in development. 

Welcome back to the Spotlight, where your readership is coveted as much as French basketball player Victor Wembanyama (bonus points to me for spelling it right the first time without Google) is by your favorite NBA team. More likely than not, Wemby will be landing in San Antonio where fellow countryman Tony Parker once parlez vous’ed all over the league. As the presumptive first pick in the NBA Draft, he has a sizable rookie contract and endless international marketing opportunities in front of him. That’s all before even touching the NBA hardwood. Of course, there’s always the ability as a later draft pick like Memphis Grizzlies guard Ja Morant to achieve stardom and fortune through on-court performance. In the span of four seasons, he’s secured endorsement deals from Powerade and Nike. But while Morant’s on-court talent has never been in question, his off-court actions — appearing armed with a handgun on his social media accounts (already resulting in a 10 game suspension, with more likely on the way)—may make sponsors distance themselves. Talk about shooting yourself in the foot! It’s a familiar cautionary tale, but in the public eye, athletes and entertainers alike should be mindful to be beyond reproach and keep themselves out of the controversy Spotlight.

    • Live professional pickleball matches will soon be available for streaming on Amazon Prime. So now the sport accessible to all ages will be available to the masses (as long as your parents can figure out how to use the remote control). 
       
    • Short form video social media company TikTok strikes deals with several digital music distributors to provide new monetization opportunities for their artists (and new choreography trends for Gen Z to make the older generations increasingly out of touch). 
       
    • The members of disco group The Village People sent a cease and desist letter to Donald Trump alleging that impersonating acts at his Mar-A-Lago Resort is an illegal misappropriation of their name, image and likeness. Trump would do well to look into alternative acts. 

Welcome back to the Spotlight! The buzz this week surrounds the strike announced by the Writers’ Guild of America after failing to obtain concessions from the Alliance of Motion Picture and Television Producers.  Leave it to the WGA to script that the strike took place on May Day (International Workers’ Day).  As it is, countless television and film productions have been sidelined and rendered speechless. Lucky for you, dear reader, I carry no union cards, so the only “scab” currently in my world is on my son’s chin from a slip and fall.  For any television and film executives out there who are looking for help, consider this blog my portfolio. Feel free to contact me any time.  My conditions of employment? Good question! I have a bunch of requests – but I don’t feel like I have the leverage to ask for them on my own.  If only there were some type of organization of others like me that could negotiate on behalf of us all…oh well! Anyway, brief programming note (call it solidarity) but I will not be in my writers’ room next week. See you in two weeks (unless ChatGPT replaces me in meantime).

  1. Just days after pop singer/songwriter Ed Sheeran testified that he would stop making music if the jury handed down a verdict against him in the copyright infringement litigation by Marvin Gaye’s estate, Sheeran prevailed. Whether it was because the jury thought it was in bad taste when Gaye’s estate made a similar statement, or because there was no substantial similarity in the works is unknown. 

  2. Snoop Dogg joins businessman Neko Sparks’ bid for the National Hockey League’s Ottawa Senators. The move would mark the first majority black owned franchise for the NHL, potentially opening up the NHL to an untapped market. Snoop might also bring new meaning to the term, “high-sticking.”

  3. Louisiana State University gymnast and NIL pioneer Olivia Dunne has parlayed her social media presence into the pages of the upcoming Sports Illustrated Swimsuit Edition. The move is not only a lesson on the new self-branding opportunities available for college athletes, but is also likely to drive a photographer’s production assistant to research what to feed a pommel horse.

  4. Nike inks a lifetime deal with Phoenix Suns star Kevin Durant. A rare feat, but don’t get too excited – he will probably ask to be traded 2 years from now.     

Welcome back to the Spotlight! If there ever was a story that blends the magic and romanticism of Hollywood with the unbridled enthusiasm and competition of sports, it’s that of Welsh football club, Wrexham A.F.C. Acquired by actors Ryan Reynolds and Rob McElhenney for the relatively low price of $2.5 million in 2021, the duo quickly won over Wrexham supporters (indeed it was a prerequisite to the bidding process) and an American audience that until recently thought “football in Wales” was something better dealt with by a marine biologist. That Reynolds and McElhenney have had success is an understatement. Using their celebrity profile, they launched the docuseries “Welcome to Wrexham,” which has been picked up for multiple seasons. Nothing short of marketing genius and we should expect no less than that from Reynolds, as pretty much everything he touches-from gin to mobile phone service—turns to gold (“Green Lantern” is the outlier). This is of course to say nothing of the fact that the club has backed up their newfound attention with victories on the pitch, ascending to League Two (one rung up from where the team had been when acquired in 2021, and three promotions removed from the English Premier League. Reaching those heights will be a daunting process, but, with the marketing opportunities the club could provide, by no means a white W(h)ale.

Without further ado, here’s what else is making waves:

    • The Ottawa Senators are on the market for a price tag that could reach an NHL record setting $1 billion, with bidders including a group backed by Ryan Reynolds. An overpayment if you ask me—there are plenty of Senators that have been bought for less. 

    • University of Texas’ five star recruit Quarterback Arch Manning has made it known (through his coach Steve Sarkisian) that he intends to keep his name, image and likeness (NIL) earnings at nil until he earns the starting Quarterback position, despite having one of the highest projected values for college athletes. Whether influenced by the fact he’s not hurting for money (you may have heard of his grandfather and uncles), being a good teammate or enjoying wordplay as much as I do, it’s a notable stance. 
    • Pop recording artist Ed Sheeran is in the midst of a trial facing allegations that his ballad “Thinking Out Loud” infringes the copyrights to Marvin Gaye’s “Let’s Get It On.” Jurors’ deliberation room will undoubtedly be equipped with an assortment scented candles.

    • A week after Fake Drake and The Weeknd popped up on streaming services through the help of A.I., recording artist Grimes has voiced (at least I think it’s her voice) her intent to embrace the disruptive technology for her own songs.  On the one hand, this is shocking given the potential threat of A.I. to the music industry. On the other hand, it is not all that surprising for someone who named her and Elon Musk’s firstborn, “X Æ A-Xii.”

Welcome back to the Spotlight! With the Spring holidays in swing and many on Spring Break, I will be brief as I realize reading sports and entertainment business and legal stories may be the lEaster your worries. But I couldn’t Passover an opportunity to check-in. Yikes, those were pretty bad – even for my standards. In any event, I will be off on vacation next week, during which time I can perhaps come up with better material. But for now, your Easter egg/Afikomen prize is below: 

    • Angel Reese has been the topic of much discussion with regard to sportsmanship and implicit bias following her LSU Tigers’ Basketball National Championship victory over the Iowa Hawkeyes. Over all the noise, she has become a household name and the “Bayou Barbie” has positioned herself to buy that dream home.
       
    • IT and Security Management firm Kaseya secures naming rights to the Miami Heat’s NBA Arena, becoming a successor to cryptocurrency exchange turned criminal enterprise FTX.  But the heat still remains on Miami shooting guard Jimmy Butler, who is facing legal action over his ties to crypto exchange Binance.

    • Artificial Intelligence may hold the power to keep celebrities entertaining long beyond their natural lives. In a related story, Dick Clark’s New Year’s Rockin’ Eve 2024 will be hosted by Dick Clark with musical performances by Elvis Presley and Ludwig von Beethoven. 

Welcome back to the Spotlight! How better to close out the madness wrought by March than with an ode to March Madness (and a special shout-out to my Wisconsin Badgers women’s hockey team on their 7th national championship)? If you correctly picked all of the final four teams (for either the men’s or women’s tournaments) then you’re probably a liar. Indeed, parity has been the name of the game for the NCAA’s cash cow sporting events. 

Concerns about the demise of college athletics due to allowing athletes to make endorsement dollars have apparently been overblown. This year has yielded some of the most shocking upsets in recent memory, as schools that were supposed to have been knocked out of contention by those with better marketing opportunities that could attract top talent. NIL has also certainly had its own benefits—it cannot be an accident that women’s basketball has enjoyed a meteoric rise to the point that its viewership of tournament games on ESPN have topped that of the most watched NBA games on ESPN. 

But don’t tell that to members of Congress, who were warned of “NIL Chaos” just yesterday in a congressional hearing entitled “Taking the Buzzer Beater to the Bank: Protecting College Athletes’ NIL Dealmaking Rights” focusing on the need for federal legislation to address such questions as to whether to classify college athletes as employees and whether uniformity is needed in the marketplace to afford greater protections to athletes. Unfortunately, it did not appear as if we are any closer to the answers. Still in the early days of NIL, much is left to be worked out, but there are definitely plenty of reasons to be pleased with where we are, much to the dismay of college sports doomsday-ers. With that upbeat note, let’s dive into what else is in the Spotlight this week.

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