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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 ...

Happy Ides of March to all who celebrate—apologies to Julius Caesar who was famously assassinated for his tyranny over the Roman Empire in dictating that people’s salads be topped with anchovies (…or something like that). I would also be remiss if I did not wish my readers Ramadan Kareem. For those looking to raise a pint (or five) this weekend, may you have a Happy, sham-rockin’ St. Patrick’s Day and end the day more clothed than John Cena at the Oscars (we can see you, John) and less shame than Jonathan Glazer at the Oscars (we refute you, Jonathan). And for the mathletes out there—a belated Happy π (3.14) Day! Unlike π, I will not keep going on and on but will instead wrap with this:  

    • French footballer Kylian Mbappé is threatening legal action against a French kebab vendor, taking issue with an unauthorized use of his name in the description of a menu item that is made with “baker round bread, as round as Mbappé's skull.” Meanwhile, I take issue with the lack of creativity – how about “bread so fresh it will make Kylian introduce himself as “Mmmmkebabappé?”

    • This past week, Senator Ted Cruz oversaw a panel on the issues in college athletics that proposed legislation seeks to address by providing antitrust protection and regulation to the multibillion dollar industry. Cruz put the chances of legislation passing at a 50-50 shot—which is not all that different from saying that whoever scores the most points in a football game will win.

    • Wrexham AFC owners (along with a whole host of other titles) Rob McElhenney and Ryan Reynolds announce that Ally Bank is sponsoring its stateside summer tour, by way of a commercial produced by an arm of McElhenney’s newly formed, multifaceted company, “More Better Industries.” Now that’s setting the bar high for ambition and low for grammar!

If it’s March, that means I’m ever-confused about what type of outerwear I am supposed to wear outside, my allium bulbs (or as I like to call them: “Bloomgarden’s garden blooms”) are awakening and making their journey up from beneath the ground (I see you, my precocious little beauties) and college sports are front and center. However, while most years, it is not until later in the month that history books are written through the NCAA Basketball Tournaments, this year we have some super important entries.

First, Iowa Hawkeyes basketball star Caitlin Clark broke the NCAA all-time scoring record set by “Pistol” Pete Maravich, and as an encore, entered into an exclusive endorsement agreement with trading card and collectibles company Panini—becoming the first female athlete to do so. On the (digital) football field, EA Sports’ NCAA Football video game—the first of its kind in the NIL era—boasts over 10,000 players who have opted in to appearing in the game (and receiving the modest license fee of $600 for doing so).  And going back to the hardcourt, in a move that could have major implications not just in college basketball, but for the entire collegiate athletic programs landscape (did I mention my bulbs?), as the Dartmouth Men’s basketball team voted to unionize, rendering themselves employees of Dartmouth and allowing them to negotiate the terms of their employment (including wages, hours and benefits). So there you have a few tidbits of trivia as you roll into the cold/coolish/cool/not quite warmish weekend to tend to your respective gardens.    

    • Peyton Manning’s Omaha Productions is said to be courting two football coaches with legendary careers—Bill Belichick and Nick Saban – to host an alternate broadcast of Monday Night Football tentatively called the “GOATcast.” If the production goes forward, it will undoubtedly bring some interesting insights (not to mention confused farmers) into the fold.

    • A prominent player in music catalog acquisition, Hipgnosis Songs Fund announced that an independent valuation of the fund found its value to be overstated by 26% (about $690 million). Clearly someone in the mix had a pocket watch swinging in their eyes.

    • LeBron James’ media empire is not only spinning off its “The Shop” television series to launch as a line of men’s grooming products, but is also going to debut a United Kingdom version of the series to be hosted and produced by actor Idris Elba, or as I like to call it, “The Shoppe.”

    • McDonald’s is nearing a deal to be a title sponsor for France’s top tier football league, Ligue 1. Perhaps that will help temper French arrogance over their cuisine.   

Welcome back to the Spotlight! In case all eight of you missed me last week while I was out, I will do my best to show that I am coming back a better version of myself. What does that mean in my situation?  Well, we’ve recently witnessed impressive range and reinvention from familiar faces and names. Beyoncé is topping the charts--certainly not an all that surprising revelation on its own but for the fact that she’s branched away from her familiar R&B/Pop category into Country Music. In so doing, Beyoncé has made history as the first black woman to hold the top spot on the Billboard Hot 100 with a country song.  Charting her own course through history, former Disney Channel star and recording artist Bridgit Mendler (who’s since earned a Masters degree at M.I.T. and her J.D. at Harvard Law) has herself reached out to the stars, founding a satellite data startup. Then again, newness does not always translate to something better. Major League Baseball found that out when it was revealed (in more ways than one) that their new Nike uniforms that are being rolled out this year are sheer/partially see-through—back to the drawing board there (though I might have considered leaning into this one as a way of attracting an audience).  In any event, instead of reinvention, I just plan to see through my best laid plans to pepper you with wordplay, dad jokes and shenanigans all the while (maybe?) informing you about all things sports and entertainment – not unlike these:

    • Hip hop artists Kanye (“Ye”) West and Ty Dolla $ign and their controversial album, Vultures I already under the threat of litigation from Black Sabbath frontman Ozzy Osbourne for use of a musical sample of a Black Sabbath performance of “Iron Man” (for which approval was withheld by Osbourne due to Ye’s hateful antisemitism) are now being sued by Donna Summer’s estate for an unauthorized sample of the late singer’s hit entitled “I Feel Love.” I’m reminded by an old proverb: the titles of songs you take, does not a better person make.
       
    • Kansas City Chiefs’ superfan “ChiefsAholic” could be going to prison for nearly a dozen robberies, or as it’s called in the criminal justice system, being a “ThiefsAholic.” 
       
    • The New York Jets’ flagship radio station will no longer be ESPN New York as the latter is choosing to part with its FM signal – but shed no tears for ESPN New York – they are well-acquainted with Jets losses.
       
    • LSU gymnast Olivia Dunne unveils a billboard in New York’s Times Square as part of her endorsement deal with apparel brand Nautica. An occurrence that without name, image and likeness (NIL) opportunities for collegiate athletes could not have been done. 

Welcome back to the Spotlight! I really wanted to open this week talking about the football game. I wanted to talk about Usher’s performance at the halftime show. I wanted to talk about the commercials. I even wanted to be the lone voice among us to talk about Taylor Swift and Travis Kelce (did you hear that they're dating?!). Instead of reflecting on the uniquely American sports and entertainment spectacle that is the Super Bowl, I find myself obliged to address the uniquely American experience of living in a country in which gun violence continues to be commonplace. A day that was supposed to be a celebration of the Kansas City Chiefs’ 2nd Super Bowl victory in as many years has instead been marred by a mass shooting that killed a local radio DJ and left at least 20 others—many of whom being children—injured. In the wake of these tragedies there is always a curiosity about the motive, as if understanding why it happened brings comfort. While undoubtedly important for law enforcement and criminal justice, the reason for why a gunman acted is less important than the fact that it did happen and preventing it from happening again—just ask victims or their family members. As of Wednesday, there have been more mass shootings in the US in 2024 (49) than there have been days in 2024 (45). We can do (and should demand) better. 

    • This year’s Super Bowl was the most watched US broadcast since the 1969 moon landing. Great—more fodder for the tinfoil hatters. 

    • Speaking of moonwalks, the rights to Michael Jackson’s music catalog were purchased by Sony at a $1.2 valuation. 

    • NBA superstar Giannis Antetokounmpo launches his endorsement relationship with Starry, the lemon-lime flavored official soft drink of the NBA, WNBA and G-League. A fitting partnership because I get parched every time I say “Giannis Antetokounmpo.”

    • Tiger Woods officially announces his apparel brand in conjunction with TaylorMade Golf. Its name is a homage to Woods’ decades-long tradition of wearing red for the final round of golf tournaments: “SUN DAY RED.” Of course, that’s not to be confused with my lifestyle brand for working parents with young children: “AL WAYS TI RED.”

Welcome back to the Spotlight! While many bask in the afterglow of last weekend’s history making Grammy Awards, the lights along the Las Vegas Strip and heat lamps along the Las Vegas buffets begin to burn brighter, as the NFL brings Super Bowl LVIII (58 for non-Romans and/or any children left behind). It is an exciting time of year, in which national attention, fanfare and financial expenditures are at their peak—paralleled only maybe by a Presidential election.

This year, the parallels are in greater relief as the Super Bowl contenders and presumptive Presidential candidates are the same as they were four years ago, both sides have been desperately vying for an endorsement from Taylor Swift and most Americans are deciding who they want to win based on who they least want to lose.

With this Super Bowl being the first to take place in Las Vegas since the Raiders relocated to the humble desert town and legal sports wagering in the mainstream, I suspect this year’s event will be filled with things that a few wish they could remember and many wish they could forget. (Hey that’s catchy – maybe I’ll adopt that as my new tagline here…)

    • Not the Super Bowl, but a type of football championship nonetheless – New York/New Jersey was awarded the distinction of hosting the 2026 FIFA World Cup Final at MetLife Stadium. Meanwhile, Newark, New Jersey was awarded the distinction of hosting first-time visitors who think that they’re on their way to the 2026 FIFA World Cup Final.
       
    • Actress and entrepreneur Jessica Alba announced the launch of a media production company named, “Lady Spitfire” – which sounds like a hybrid of the titular nanny in a 1993 Robin Williams film and a character in “Bridgerton.” 
       
    • The NBA forges a multiyear sponsorship deal with global air carrier, Emirates. As part of the arrangement, NBA referees’ uniforms will be branded for the first time with an Emirates patch. Probably not going to see referees sporting BetMGM, FanDuel or DraftKings patches any time soon, though. 

Welcome back to the Spotlight! Proudly artificial intelligence and brain chip-free since 2021SM. Would ChatGPT or a Neuralink brain-computer interface make my weekly task here easier? Perhaps. But ChatGPT wouldn’t be authentically me and a thought-reading Neuralink chip would be maybe *too* authentically me. That being said, I don’t have a high bar of originality to prove otherwise with history repeating itself with the Super Bowl matchup from four years ago (Kansas City Chiefs vs. San Francisco 49ers) matching the one on tap for February 11. Speaking of high bars of originality, TikTok creators woke up Thursday morning to learn that they may need to channel their inner Charlie Chaplain on account of Universal Music Group pulling its song library from TikTok due to a row over an unfair artist royalty structure and proliferation of artificial intelligence on the platform. It will be interesting to see whether other labels follow suit to ratchet up pressure on the music-driven platform—now that’s something for which users could tap into their boundless attention span. (Editor’s Note: it was at this moment that—between Charlie Chaplain references and sarcastic remarks about the younger generation--Josh realized he’s turning into an old curmudgeon). Now, let’s get the rest of this out of the way…

    • Tom Brady’s Brady and TB12 apparel and fitness brands merge into Mike Depole’s (of VitaminWater and BodyArmor) athletic performance wear brand, NOBULL. Brady and Depole elected to keep the NOBULL name, though as a Giants fan, i think NORINGS might have been more fitting. 

    • An upcoming documentary will examine on the recording of the philanthropic 1985 song “We Are The World” meant to foster global cooperation in support of Africa. Me thinks the world could use more songs…

    • Slim Jim snaps out of its decades-long sponsorship of World Wrestling Entertainment after disgraced former chairman Vince McMahon is the subject of sex trafficking allegations. A shocking move considering the bad taste and difficult-to-digest things are the core of Slim Jim’s business model.

Welcome back to the Spotlight! As we prepare for the NFL Conference Championships this upcoming weekend, the fan bases of the Green Bay Packers and Buffalo Bills are still looking back to their losses last weekend, reflecting about what could have been.  In both teams’ losses, their field goal kickers missed a field goal at crucial moments in their respective games. As a lawyer frequently under similar pressure-packed circumstances, it’s hard not to empathize with them. Aside from the obvious similarities in being unparalleled Adonis-like physical specimens, when things are going as they should (kicks made, deals closed) you seldom hear about a kicker’s or lawyer’s performance. But when things go wide-left, wide-right, short or off the uprights, kickers (like lawyers) are the first ones to be blamed – even when there were other opportunities to prevent things from getting to that point. To err is human, so the best of the best and most dependable still make mistakes, but with the help of teammates and the occasional support of fans, are able to make adjustments and prepare themselves for the next time to grab a hint of glory or at least avoid the negative spotlight.

    • Dwayne “The Rock” Johnson’s career comes full circle as the former WWE wrestler finds himself on the board of directors for WWE’s holding company, TKO Group. As part of the arrangement, Johnson is finally getting full IP rights to his nickname—provided all board proposals are to be introduced with “if you smell what The Rock is cooking…”

    • Country legend Dolly Parton rolls out a co-branded line of breakfast baking mixes. No fat-free or sugar-free options are offered so far so those looking to Jo—(err… go) lean need to look elsewhere. 

    • Based on trademark filings leading up to Tiger Woods’ and Nike’s agreement to part ways, golf equipment and apparel brand Taylor Made seems to be a likely partner – presumably in a joint venture -- for Woods’ next move. Woods’ golf bag is already filled with Taylor Made clubs, so the potential tie-up is…well…(too easy).  

If there’s one thing that the docuseries and (as of Monday night) winner of four Emmy Awards “Welcome to Wrexham” highlights, it is never to underestimate the power of storytelling through sports.  In the case of “Welcome to Wrexham,” authentic, compelling and feel-good storytelling about a humble Welsh town and its humble football club has vaulted both into the collective consciousness.  Other feel good storytelling came on successive days last week as both the Dallas Cowboys and Philadelphia Eagles were eliminated from the NFL playoffs. Yes, my New York Giants did not make the playoffs, BUT they got a better draft pick a head start on their trip to Cancun – so you tell me who came out on top.
 
However, the stories that sports can tell are not always rosy. Last week, Israeli footballer Sagiv Jehezkel was suspended by Turkish football club Antalyaspor for a goal celebration in which he paid tribute to the people taken hostage in Israel 100 days earlier. He was, by the way, arrested and deported by Turkish authorities for the same act --  but that’s neither here nor there.  Just a few days before that, South Africa’s U-19 World Cup Cricket team stripped one of its top players, David Teeger (who is Jewish) of his captaincy out of fear that protests could be inflamed during the tournament. That said, in the 1936 Berlin Olympics, in which the Jews were banned from competition by Nazi Germany, Jesse Owens—a black man—took home four gold medals for the U.S., in what many viewed as an affront to the Nazi regime. So perhaps amongst the dearth of courage and surplus of antisemitism, perhaps there is still an inspiring story to come…

    • The NFL’s decision to put the AFC Wild Card matchup between the Kansas City Chiefs and Miami Dolphins behind a paywall on NBC’s streaming service Peacock, ruffled some rainbow-colored feathers. But in the end, 23 million people tuned in to watch Taylor Swift watch a football game.

    • Recently convicted actor Jonathan Majors, who had already had his deal with Marvel Studios terminated, was also axed from playing the lead role in an upcoming film about NBA Hall of Famer Dennis Rodman’s infamous trip to Las Vegas during the 1998 NBA Finals. You know you’re in a bad way when your conduct keeps you from playing Dennis Rodman.

    • Former Heavyweight champion boxer Mike Tyson brings his cannabis brand back to his roots in New York state – even in retirement, he keeps adding to his list of knockouts.

    • NCAA president Charlie Baker testifies before Congress on the state of college athletics and name, image and likeness regulations—which would be the clearest sign that federal legislation is on the horizon—if not for the fact that, you know—it’s Congress.

Welcome back to the Spotlight!  We’re barely into the New Year and it has been an eventful one already. First, (and you would be forgiven for not knowing this, but…) the Golden Globes took place this past Sunday.  The theme of the night seemed to be “bombs” and not much else, as Christopher Nolan’s biopic thriller Oppenheimer swept the major film categories, meanwhile the evening’s host, comedian Jo Koy had a rough go of it with his jokes. The next night a quarterback took a beating--not in the College Football National Championship (my sympathies to my Washington Huskies colleagues)—but rather at the hands of a more skilled J.K. comedian, as (J)immy (K)immel addressed the war of words between he and Aaron Rodgers arising from Rodgers’ implying that Kimmel’s name would appear on the list of Jeffrey Epstein’s associates. Of course, that turned out to be false (paging defamation litigators…) but that’s neither here nor there. Meanwhile four prominent sports fixtures (3 of whom being football coaches, and 1 of whom being Tiger Woods) have turned pages on respective decades of history. University of Alabama coach Nick Saban, Seattle Seahawks coach Pete Carroll and New England Patriots coach Bill Belichick have each retired or simply moved on from their respective teams’ sidelines after remarkable careers, while Tiger Woods has ended his 27 year relationship with NIKE Golf.  What awaits them this year and beyond is anyone’s guess. What awaits you is even more Spotlight.

    • An AI-generated, deepfake ad of Taylor Swift purportedly endorsing French cookware brand Le Creuset (which is French for “The Creuset”) highlights the need of brands and celebrities alike to be vigilant, place more of a premium on authenticity—in real ads. It’s little wonder that Congress is setting its sights on the issue.

    • The trend of original sports content marches on, with LeBron James, Jayson Tatum, Jimmy Butler and other NBA stars signing on to participate in a Netflix docuseries (produced by James’ SpringHill Company, Peyton Manning’s Omaha Productions and Barack Obama’s Higher Ground Productions) similar to Netflix and Omaha Productions’ “Quarterback” series. Unfortunately, the market for original sports lawyer content does not seem as robust.

    • KETO-friendly snack and cereal company, Catalina Crunch unveils its endorsement relationship with New York Knicks point guard Jalen Brunson. As a lifelong Knicks fan, this seems like a great fit – both Catalina Crunch and the Knicks can help you lose parts of yourself.

Happy New Year, and welcome back to the Spotlight! If your New Year’s resolution is to get up to speed on the latest in the sports and entertainment business, while also getting the occasional chuckle, you have come to the right place. Skeptical? You have nothing to lose—and I’m far less expensive than that impossible-to-cancel gym membership that you’re never going to use anyway. That being said, if you're trying to cut back on the amount of cheese you consume, then you're out of luck. As we roll into 2024, maybe you’re energized by a clean slate for the year ahead or (like me) propelled forward with a fantasy football championship

    • At the stroke of midnight on January 1, 2024, the copyrights in the original "Steamboat Willie" character on which Mickey Mouse was based fell into the public domain and opened up the door to no shortage of gory horror films (“we’ve got fears, say ”’cheers!’”) featuring the aforementioned mouse. This is great news to those of us who thought parenting wasn't hard enough these days.

    • New York Jets Quarterback Aaron Rodgers strongly implied that late night talk show host and comedian Jimmy Kimmel’s name would appear on a list of associates of convicted sex offender Jeffrey Epstein.  With good reason, Kimmel took exception to the jab (apparently motivated by Rodgers’ animus towards Kimmel’s jokes about him), threatening legal action against Rodgers. You might call Rodgers’ grudges his Achilles.

    • In an effort to bring in a new audience for the Paris 2024 Olympic Games, NBCUniversal is enlisting the services of Snoop Dogg, who may be utterly disappointed to find out what it means to pass the torch.

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