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Sports & Entertainment Spotlight: Celebrity crypto influencers such as Floyd Mayweather, Jr. dodge a lawsuit over the endorsement of the EthereumMax

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.  

Endorsement Deals, Sponsorships & Investments 

Kim Kardashian, Floyd Mayweather Beat Investor Suit Over Crypto Promotions
December 8, 2022 via Hollywood Reporter

How Creative Artists Agency (CAA) Is Employing Data, Analytics, And AI To Shape The Culture Of Our Times And Inspire The World
December 7, 2022 via Forbes

New York's New Name, Image, And Likeness Law Hardly Protects College Athletes
December 6, 2022 via Forbes

GameOn Raises $35 Million as Chatbot Conversation Heats Up
December 6, 2022 via Sportico

How Pickleball is drawing fan love and brand dollars
December 5, 2022 via Advertising Age


The Business Behind Sport: Bobby Hacker - Past President and Current Board Member of the Sports Lawyers Association
December 6, 2022 via Lexology

NFL Allows Sportsbook to Stream Live Game in U.S. for First Time
December 5, 2022 via Sportico - Business

NBA to Accept Investment From Pension and Sovereign Wealth Funds
December 1, 2022 via Sportico - Business

Music Biz

Copyright exceptions for AI training data—will there be an international level playing field?
December 7, 2022 via Bioinformatics

House of Representatives Judiciary Committee to Consider American Music Fairness Act Proposing Sound Recording Performance Royalty on Over-the-Air Broadcasting
December 6, 2022 via Broadcast Law Blog       

TikTok Music Lawsuits Fire Warning Shots to Brands, Influencers
December 6, 2022 via Bloomberg Law   

Music streaming services fail to properly compensate artists
December 5, 2022 via Sonoma State Star

Triller Removes Music From Universal, Sony, Warner and Merlin
December 2, 2022 via Billboard

Film & TV

‘The Chop’ Producer Big Wheel Restructured After Financial Challenges
December 6, 2022 via Deadline

Argentina-Mexico is Most-Watched World Cup Group Stage Match in Spanish-Language TV History
December 4, 2022 via News Break

Emerging Sports

FanDuel TV will air weekly MMA events from ONE Championship
December 2, 2022 via Awful Announcing

Sports Equipment Market will reach to USD 562.60 billion by 2029, at a CAGR of 6.9% during the Projection period 2022-2029 : GreyViews
December 1, 2022 via GlobeNewswire

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The Sports, Arts & Entertainment group at Foster Garvey provides full service legal representation on sports, entertainment and business matters, including handling transactions related to brand management, licensing, joint ventures, venture capital, private equity, technology, the Internet and new media.
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