Sports & Entertainment Beat

Welcome back to the Spotlight! First, a hearty congratulations to the world champion Kansas City Chiefs (an empty gesture if there ever was one—as I am fairly confident none of the Chiefs read this, but if not, hit me up!). As in years past, the Super Bowl prove itself to be a pop culture spectacle par excellence (I don’t know what that means, but it sure sounds fancy), with commercials of varying levels of poignancy, absurdity and cleverness, rife with athletes and entertainers and homages. Among the stand-outs, was the solo(-ish) halftime performance by Rihanna.   

Indeed, nestled cozily inside what was a rather entertaining game, Rihanna, who’s so famous that she’s known only by one name, revealed that she had a baby nestled cozily inside what was a rather entertaining Rihanna. Tough act to follow for future baby announcements but perhaps Rihanna will opt for a more low-key setting for the eventual gender reveal, like the Olympic torch lighting ceremony. 

Say what you will, but Rihanna made the most of a once-in-a-lifetime opportunity—headlining the Super Bowl Halftime Show--for which she was not even directly compensated. Since Sunday’s performance (the second most watched Super Bowl halftime show), Rihanna’s seeing an over 640% increase in streaming and a 390% increase in record sales. Neither this fact nor the towering heights the artist reached during her performance were likely on the artist’s mind when she recorded the Oscar-nominated song “Lift Me Up,” but it makes for an easy dad joke. Although Rihanna (herself worth upwards of $1.4 billion when factoring in her music career and various business ventures) did not need the resulting windfall, with another mouth to feed, she embraced the extra spotlight.  

• • Celebrity chef (and fabled enunciator of the word, “spaghetti”) Giada De Laurentiis inks a first look television development deal with Amazon Studios. No squid were harmed in the process.
  • The valuation of connected fitness company Tonal appears to have taken a big hit since the pandemic-related boom. Paired with the news above, it sounds like couch sales may go through the roof.
  • Sixteen-year-old, top-ranked pickleball champion Anna Leigh Waters signs an endorsement deal with a wealth management company, as she is poised to receive wealth to be managed.    

Welcome back to the Spotlight! We are just days away from the NFL championship game (I was scared away from using the more popularly used, and heavily policed name for the game [see: https://www.foster.com/newsroom-alerts-planning-a-super-bowl-marketing-campaign-5-quick-tips-for-staying-in-bounds-and-avoiding-disqualification]), and to be candid, I do not have a dog in the race. On the one hand, there are the Philadelphia Eagles, whose victory would catch my ire as a New York Giants fan and would (for reasons still unclear to many New Yorkers) likely turn the Empire State Building green and white, once more. On the other hand, there are the Kansas City Chiefs, whose victory would be their second in the past four years and would almost certainly guarantee more insufferable TikTok dancing from QB Patrick Mahomes II’s brother, Jackson.  Instead, I will most definitely be interested in the halftime show and the commercials (most notably the several that I have had the privilege of working on over the past few months #humblebrag).  And to the extent that I am still longing for dogs in the race, well I have the Puppy Bowl earlier in the day on Sunday to lift my spirits and carry me through to next season when I hope my team will be in the championship spotlight.   

• • Madison Square Garden Sports is rumored to be exploring a sale of a minority interest in the New York Knicks and New York Rangers. I would make a joke, but I would like to continue being one of the lawyers that is not denied entry to Madison Square Garden.  
  • Artist Mason Rothschild found himself on the losing end of a trademark infringement trial where Parisian fashion house Hermes filed suit asserted claims against Rothschild for his Metabirkins NFT project that put a metaverse spin on Hermes’ famous Birkin bags. Not the first and certainly will not be the last time someone loses money on NFTs.
  • Louisiana State University Women’s Basketball star Angel Reese files a trademark for her nickname “Bayou Barbie” and is likely to face opposition from Barbie® doll company Mattel (if not an NIL deal). After all, in trademark law, asserting rights in names likely to cause confusion is not something you Ken do.
  • As part of cost-cutting and restructuring measures for the media conglomerate, Disney does not intend to spin-off its ESPN properties, but it has announced layoffs of (Snow White and the) seven thousand workers.

Welcome back to the Spotlight! Ok readers, rise and shine and don’t forget your booties ‘cause it’s coooold out there. That line of course being inspired by the 1992 Harold Ramis film, “Groundhog Day” seems awfully relevant on account of…it’s Groundhog Day, at least in my neck of the woods, we’re in for a deep freeze and like Bill Murray’s character, Phil Connors, we find ourselves waking up to a day that we have lived before: the day after NFL great Tom Brady’s retirement. Indeed, just yesterday, Brady emerged from his post-playoff hibernation and announced that he is retiring “for good.” Strange timing after having been rumored to be linked to a trade that would have moved the 45 year old quarterback to the San Francisco 49ers. Perhaps the franchise rebuffed Brady’s attempts to change its name to the 45ers. Perhaps Brady didn’t see his shadow. Whatever the reason, like last time, he has a doozy of a next step in a $375 million broadcasting deal for the NFL on FOX. That to go on top of a nest egg built through business ventures, investments and endorsements during his professional career (not to mention his salary). Much more than what the lion’s share of athletes can say for themselves upon retirement (at least without the right guidance). Believe him this time or not, but one way or another—as sure as Sonny and Cher have got their babes—we will still be seeing a lot of Brady in the Sunday spotlight. 

• • Breakfast company Post unveils a line of on-the-go cold cereal cups under the brand name “OK GO,” for which all one needs to add is cold water and promptly tries to throw cold water on indie rock band OK Go’s attempts to have Post stop using its name. The case Post filed in federal court to seek a judgment declaring that it may continue using the name will hinge on the open question under trademark law is whether a consumer is likely to confuse the cereal cups as being affiliated with or originating from the band.  Meanwhile, less of an open question is whether one is likely to confuse just-add-water breakfast cereal with breakfast cereal to which you add milk.
  • Jaden Rashada, the four star quarterback that bolted from the University of Florida after the $13 million NIL deal he was promised fell through, finds his way from one mirage to another, heading out to the desert to play for Arizona State University.
  • Universal and TIDAL join forces to build what they believe will be a more “artist- and fan-friendly” streaming model.  (Pssst…that’s code for a more Universal- and TIDAL-friendly streaming model). 

Welcome back to the Spotlight! Those of you who stopped by last week may recall my lamentations about writer’s block and musing whether I would be better off giving the reins to ChatGPT or some other artificial intelligence program.  But this, my friends, is a different week – as I have been fortuitously gifted with a gem of a topic that practically writes itself.  I am of course talking about the fact that BMG Rights Management, the copyright administrator for the Black Eyed Peas’ musical composition, “My Humps” filed a lawsuit against toy company, MGA Entertainment for its parodic song and music video entitled…(drumroll please)…”My Poops.”

Indeed, “My Poops,” which was used by MGA to market its Poopsie Slime Surprise product line of toy dancing unicorns that excrete sparkling slime, is alleged to be an unlicensed rip-off of “My Humps,” that is performed In a similar style.  Never mind the unintentional humor that the ‘Peas are being pitted against the Poops (shoutout to my sons f that one), this case may create new precedent for copyright’s fair use doctrine depending on how far the parties (and nature) call to take it.  Lord willing, this case will go through colorful (perhaps sparkling rainbow) depositions and oral arguments all the way to the Supreme Court and become a mainstay for law school textbooks. I mean, if ever there was a case to usher in the next generation of entertainment lawyers, it is this one. One thing is for sure: all that glitters is definitely not gold, but it still twinkles in the spotlight.

• • Need more reason to be Pickle-bullish? The fastest growing sport is continuing its ascent as Association of Pickleball Professionals (APP) strikes deals with ESPN and CBS for its matches to be televised.  
  • American Cricket Enterprises (ACE), the entity operating Major League Cricket (MLC), has raised more than $100 million, in hopes that the American audience and aspiring athletes stateside will take to the world’s second most watched sport. My self-assigned homework now includes studying the Cricket rule book.
  • UK music investment firm Hipgnosis Songs acquires the rights to Justin Bieber’s entire music catalogue for an estimated $200 million. No disrespect to the Biebs, but Hipgnosis may have overpaid. Between you and me, my mail carrier gives me plenty of catalogues free of charge.

Welcome to the Spotlight. I must admit, dear reader, that sometimes words escape me and the task of writing weekly can feel burdensome (I know, I know—not as burdensome as reading weekly). There are certainly times when I feel like I could push a button and have it all laid out for me.  Artificial intelligence (AI) and machine learning is poised to make that possible in many facets of the sports and entertainment industries.  Increasingly, we may hear songs written entirely by machines (lest you rage against one) and even see play calling at sporting events driven by AI data—eerie to think that human intelligence in that regard could be rendered obsolete. So with that in mind, I need to push through the writer’s block to maintain my rightful position. With any luck, it will be years before AI figures out dad humor, but I can only hope the machines will view me as an ally in that regard. The same cannot be said of Getty Images, who just made the bold move of filing a lawsuit against AI company OpenAI alleging unauthorized scraping of data from the former’s image database.  I don’t know how many among you are science fiction film buffs, but whenever artificial intelligence is challenged, things do not go well—especially if the challenger winds up under a spotlight.

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  • The University of Florida’s 5-star Quarterback recruit requests out of his letter of intent to join the school’s football program after his $13 million NIL deal falls through. Gator fans can take solace in having paid him nada.
  • Shifting gears from Florida to Flo Rida, a jury awarded the rapper over $82 million in his lawsuit against the makers of Celsius brand energy drinks, arising out of its failure to pay him pursuant to a 2014 endorsement deal. This must be one of those times Flo Rida has a “good feeling.”  
  • Hulu’s original comedy series, Only Murders in the Building adds Meryl Streep to its impressive cast of beloved Hollywood actors and Martin Short.

Welcome back to the Spotlight! We find ourselves at an interesting moment where, on the one hand, tech companies are laying off tens of thousands of workers apiece in the face of economic headwinds, Elon Musk claims from Guinness World Records the dubious honor of having lost the largest personal fortune in history ($182 billion, bringing his total net worth to a “paltry” $147 billion) and the price of eggs would make a golden goose blush. On the other hand, the sports and entertainment world seems to be suffering from no such ill effects as large sums of capital continue to be invested into various entities without much sign of slowing down (and that’s to say nothing of professional athletes’ salaries). Kansas City Chiefs quarterback Patrick Mahomes seems to have decided that “owning” the NFL is not enough, instead he owns equity in major Kansas City sports teams such as the MLS’ Sporting Kansas City, MLB’s Kansas City Royals and most recently the NWSL’s Kansas City Current.  Safe to say he’s not in any financial Missouri. World Wrestling Entertainment Chairman of the Board Vince McMahon is said to be considering a real $8 billion sale of the professional fake wrestling league to Saudi interests. And with 95 of the top 100 highest rated events in 2022 being sports, there’s little doubt that sports and entertainment will remain a bright spot in a down economy—almost like a spotlight. 

• • Just nine days removed from suffering cardiac arrest on an NFL field, Buffalo Bills safety Damar Hamlin has happily been discharged from the hospital. As he continues to recover, he’s also got business in mind, filing for two trademarks, “DID WE WIN” and “THREE IS BACK,” to pay homage to his first words in the hospital, while hinting at a triumphant return to the gridiron. 
  • An investor group that includes Cincinnati Bengals Quarterback Joe Burrow and Boston Celtics Forward Blake Griffin purchased a 128 acre plot of farmland in rural Iowa. But to Ray Kinsella’s chagrin, this appears to be a bonafide agriculture investment. 
  • More celebrity endorsements and investments in the cannabis industry paired with many states’ legalization of marijuana, mean that perhaps it’s high time that the plant formerly seen as taboo make its way into the mainstream.  

Welcome back to the Spotlight and welcome to the year 2023.

As if we needed yet another reminder not to take anything for granted, keep our priorities in check (and other similar platitudes proven time and again over the last three years), we start off the year with sobering and gut-wrenching images of Buffalo Bills Safety Damar Hamlin’s tragic and unprecedented on-field injury during Monday Night Football against the Cincinnati Bengals. As players, coaches and millions of fans watched Hamlin collapse, require life-saving interventions and be taken out of the stadium in an ambulance following a hard collision with Bengals Wide Receiver Tee Higgins, the collective focus shifted (rightly so) from the football game to the well-being of Hamlin.  Eventually, after what felt like perhaps too much time, the correct decision was made to postpone the game so as to allow the teams to be there for each other and process the trauma.  Meanwhile, Monday’s events also served as a reminder of the ugliness of social media, as Hamlin’s injury opened up the Twitter cesspool to poor, unfortunate souls wondering about the plight of their fantasy football team, directing hate toward Higgins, and yes, even attempting to link Hamlin’s injury to COVID-19 vaccinations. On the other hand (apropos of a film that worked on, and finally got to see over the holiday break, “The Social Dilemma”), there was also glimmers of altruism in social media as a GoFundMe page for Hamlin’s foundation saw its children’s toy drive fundraising campaign balloon to over $7 million at the time of this writing (its goal had been to raise a mere $2,500). So for those looking for a silver lining to start the New Year, it’s the players, coaches and fans who deserve the spotlight.  

• • While short form video creation app TikTok wielded even greater influence on the music industry in 2022, the US Government issued an order banning the use of the app on Federal workers’ mobile devices. The official reason for the move is to protect national security but I suspect it may also be rooted in the desire not to expose the public to Supreme Court Justices’ choreography.
  • An NCAA Committee announced a proposal to expand its Men’s and Women’s National Championship College Basketball Tournaments fields from 68 teams to 90 teams. Great news for those among us (no one) who find filling out a bracket not to be challenging enough.
  • Although some songwriters may have made New Year’s resolutions to slim down, the Copyright Royalty Board’s decision to approve increased streaming royalty rates is sure to fatten their pockets.

Welcome back to the Spotlight, and Happy Hannukah, Merry Christmas and Happy Kwanzaa to all those who are celebrating holiday season.  Hard to believe that 2022 has nearly come and gone, and we are all a year older, and I would hope I played a small part in making you a year wiser (jury is out one whether that would be from reading the Spotlight or thinking better of reading the Spotlight).  Of course, no New Year’s celebration would be complete without a retrospective on the year that was.  I tried to get Ryan Seacrest to take it from here, but it turns out that this is this one gig in which he has no interest. So, here I am, with my tuxedo (or what the moths left of it over the past 3 years) hanging up in the closet, to give you an oversimplified account of where we came from and where we might be going (call me Joshstradamus). 
 
Up first, Argentine football/soccer star Lionel Messi closes out the year on a high note, claiming the FIFA World Cup earlier this week in a match for the ages over Kylian Mbappé and the French side.  Speaking of messy, the artist formerly known as Kanye West (and currently known as unemployable), showed us that the marketplace of ideas has no place for hate, and the marketplace of consumer brands has no place for him. And while Chris Rock’s facial soreness from “The Slap” at the Oscars has abated, the memory of that incident is sure to last for years to come.  Meanwhile, the sports and entertainment world proved itself for the um-teenth time a force for good and united in support of the resilient people of Ukraine and against Russian aggression and authoritarianism.  Name, Image and Likeness (NIL) deals expanded over the course of their first year (a freshman fifteen, if you will) and, in their sophomore year. show no signs of slowing down or reducing their influence over athletes and universities. An NFT went from a three letter word to a four letter word with the crypto collapse. The number of copyright infringement claims in pop music have continued to build like a good chorus hook (and that’s only the ones that we hear about) while private equity investment in music copyrights reached stratospheric levels. And pickleball went from punchline to powerhouse, garnering widespread investment from entertainers and athletes alike.   
 
Happy Holidays, y’all – see you next year!

Welcome back to the second to last (or penultimate, which is also the name I have given my favorite writing utensil) Spotlight of 2022! That’s right, I’ll be back next week to put a shining bow on the year that was, and then I’m off for the remainder of the holiday season. Lest you forget between hearing the seemingly ubiquitous jingling of bells beside a Salvation Army kettle, watching a marathon of different Hallmark Channel movies that are somehow all the same and suddenly having event plans that require more travel time than the amount of time spent at the event itself (bah humbug!).  But don’t panic now, there is still plenty of time to get some last minutelast-minute shopping (and reading) accomplished. Need gift ideas? You’ve come to the wrong place. All I can tell you is what is likely an unpopular (digital) stocking stuffer this year, as compared to years past: NFTs and cryptocurrencies. I suppose that in light of recent lawsuits (related to EthereumMax and Yuga Labs’ Bored Ape Yacht Club) brought by strangers who have decided to stake their finances on the social media posts of other strangers (who happen to be famous athletes and entertainers that have announced their ownership of NFTs), I ought to disclaim here that this is not investment advice. Though I certainly need not disclaim that I am neither an athlete nor entertainer. So, you might say, for all the wrong reasons, NFTs and cryptocurrency is back in the spotlight. 

• • US Premier Rugby Sevens expands to a total of 16 men’s and women’s teams in an effort to spread interest in the United Kingdom-originated sport stateside in advance of the 2031 Rugby World Cup in the Americas. That’s one kind of UK spread I can get behind. Marmite on the other hand…?
  • Rappers DaBaby and Roddy Ricch are among those named as defendants in a new copyright infringement lawsuit over their 2020 chart-topper, “Rockstar.” My defense strategy would be to plead infancy and have Roddy change his name to “Roddy Insolvent.” But then again, I am not a litigator.
  • College sports recruitment season is in full swing, and the impact of NIL deals is being felt by schools such as Ohio State who are bitter that they are not the highest bidder.

Welcome back to the Spotlight! My grandfather and five-time Tony Award winning Broadway producer, Kermit Bloomgarden was, like many in the entertainment industry, prone to superstition. Both my interest in the entertainment industry and certain superstitions can undoubtedly be traced to him.  It’s fair to wonder then, what am I doing proclaiming my sports fandom. Last year I sang the praises of University of Wisconsin quarterback Graham Mertz. Two mediocre (at best) seasons later, he is transferring out of the school. This summer, I waxed more poetic than a Crayola sonnet on the once unbeatable New York Yankees, only to send their season into a tailspin, culminating with a pathetic playoff showing against the (eventual World Series champion) Houston Astros.

Last week, I extolled the U.S. Men’s National Team ahead of their World Cup soccer match against the Netherlands. And, well…they lost. So, perhaps to Badgers Nation, Yankees Nation and Nation…Nation, it was my fault and I should be more judicious with my praise. Or, maybe I should just blame supply chain issues—that seems to be en vogue nowadays. Yeah, let’s go with that.  Besides, it is not as if anyone is reading this anyway. Anyhow, let’s get on with the show and what’s taking centerstage in this week’s Spotlight:

• • Celebrity crypto influencers such as Kim Kardashian and Floyd Mayweather, Jr. dodge a lawsuit over the endorsement of the EthereumMax platform on grounds that the plaintiffs could not prove that they were actually influenced to purchase EthereumMax assets. In other words, the suit amounted to an effort to redirect blame for questionable financial decisions.
  • As energy drink brand Bang Energy and makeup and skincare company Iconic recently found out the music available for synchronization on TikTok may not necessarily be approved for use in advertising. And no amount of caffeine and cover-up will get you out of a copyright infringement claim.  
  • New York state finally passes a name, image, and likeness law, but comes up short of the lofty promises once imagined for it. Notably, rather than including a mandatory 15% revenue sharing arrangement between the colleges and athletes, colleges have no such requirement and are instead prohibited from paying prospective athletes for use of their name, image and likeness. If you can make it here, you can make it anywhere…seemingly as long as “it” does not mean as many NIL dollars as you anticipated.