Archive for 'Sports/Entertainment'
Fleury Flakes is Back!
Posted on 29. Nov, 2011 by briankoeberle.
Pittsburgh Penguins fans couldn’t get enough of Fleury Flakes the first time it was released last hockey season. The frosted corn flake cereal featuring goalie Marc-Andre Fleury quickly sold out its initial run of 38,000 boxes. So I was able to negotiate another agreement with Marc to release a 2nd edition of the popular cereal with new artwork and a charitable component to the product. This past November 22, Fleury introduced his cereal to the Pittsburgh media during a press event at the Giant Eagle Market District store in Robinson Township. Proceeds from the cereal will benefit Ballou Skies (www.ballouskies.com), a Pittsburgh-based charity that benefits boys with Duchenne Muscular Dystrophy, and the Pittsburgh Penguins Foundation’s Project Power Play, which provides young athletes with newly constructed, outdoor multi-use athletic facilities. Fleury Flakes is available exclusively at all Western Pennsylvania Giant Eagle grocery stores, and online at www.plbsports.com.
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Brett Keisel Partners with Geronimo Salsa!
Posted on 01. Nov, 2011 by briankoeberle.
Negotiating endorsement agreements between athletes and companies is a big part of what I do. Recently I had the opportunity to structure an endorsement deal between Pittsburgh Steelers defensive end Brett Keisel and Geronimo Salsa, a local Pittsburgh product produced and marketed by Public Label Brands.
Keisel will be appearing on jars of Geronimo Salsa this football season, and will be easy to spot on store shelves as his famous “da beard” is prominently featured on the label. The 16 oz salsa comes in 3 flavors, Mild, Medium and Hot, and is available at Western Pennsylvania Giant Eagle stores.
Keisel recorded several radio spots in support of the promotion. In addition, a “Best of Da Beard” contest was held online for fans to show off their best Keisel-like beards for the chance to win a Brett Keisel autographed football. The campaign’s slogan, “Fear da beard, love the salsa” is a clever way to pay homage to one of the best beards in the NFL!
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Steelers Legend Rocky Bleier introduces “Bleier’s Brew”!
Posted on 24. Oct, 2011 by briankoeberle.
I recently structured a deal with Rocky Bleier and the Pennsylvania Brewing Company (brewers of Penn Pilsner and other fine craft beers) to release Bleier’s Brew in Western Pennsylvania. My sports marketing agency, Koeberle & Associates, is handling the marketing and distribution of the athlete-branded beer through an exclusive agreement with Frank B. Fuhrer Wholesale Company.
Bleier’s Brew was officially launched on October 12 during a press event at the Penn Brewery in the Troy Hill section of Pittsburgh. The beer is a light-colored, medium bodied lager beer brewed and bottled by Penn Brewery.
Rocky Bleier is not only a beloved football icon and 4-time Super Bowl Champ; he is also a decorated Vietnam Veteran. Rocky’s service to his county has inspired him, along wth other military veterans, to support the construction of a World War II Memorial on Pittsburgh’s North Shore. A portion of the proceeds from the sale of
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Marshall Faulk Launches “Faulk Flakes” Cereal in St. Louis
Posted on 15. Sep, 2011 by briankoeberle.
I recently negotiated a deal for recently inducted NFL Hall of Famer Marshall Faulk to launch his own breakfast cereal, appropriately titled Faulk Flakes. The frosted corn flakes cereal is packaged in a 14 oz limited edition collector’s box commemorating Marshall’s Hall of Fame career. The box features artwork created by noted St. Louis artist Lisa Ober. The cereal is currently available at St. Louis area Shop ‘n Save stores and online at www.plbsports.com. Proceeds from the sale of the cereal will benefit The Marshall Faulk Foundation, which is dedicated to improving the quality of life for our youth by increasing opportunities for them to lead healthy, fulfilling lives.
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You, Me and Dupuis Mustard!
Posted on 10. Mar, 2011 by briankoeberle.
I’ve negotiated hundreds of athlete endorsement deals over the years, but one of the more entertaining ones was with Pascal Dupuis of the Pittsburgh Penguins for Classic Dupuis Dijon Mustard. Anyone who has met Pascal knows that he is a fun, entertaining guy. So that is why we featured him today in a cooking demo with Chef Luke at the Giant Eagle Market District grocery store in Robinson Township, just outside of Pittsburgh. Pascal assisted Chef Luke in preparing four dishes using his mustard as an ingredient. Now seeing a tough, hard-as-nails hockey player in an apron getting his hands messy with mustard, a dash of salt, and fish or pork is entertaining enough. But when it is Pascal Dupuis, the entertainment level is ratcheted up a notch. Chef Luke had a ton of fun working with Pascal and vice versa. Plus the fans were entertained and had the chance to meet Pascal and receive an autograph and photo with their hockey hero. Now that’s entertainment!
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Fleury Flakes hits grocery store shelves!
Posted on 11. Feb, 2011 by briankoeberle.
Pittsburgh, PA – Fleury Flakes, the official breakfast cereal endorsed by Pittsburgh Penguins All-Star goalie Marc-Andre Fleury, was recently released in the Pittsburgh area. The cereal was officially unveiled at a press event at the brand new Giant Eagle grocery store in Glenshaw, PA. Fleury was introduced at the event by Penguins television broadcaster Paul Steigerwald.
Fleury Flakes is a frosted flakes cereal packaged in a 14 oz. limited edition collector’s box. The cover photo was shot by Pittsburgh-based renowned photographer Duane Rieder. The cereal is available exclusively at Giant Eagle locations thru-out Western Pennsylvania. Fans outside of the Pittsburgh area can order their boxes online at www.plbsports.com.
In addition to the cereal, Marc-Andre has also come out with his own officially licensed t-shirt. A Winter’s Fleury t-shirts are featured on the back of the cereal box and are available for purchase at www.plbsports.com.
Attorney Brian Koeberle negotiated the endorsement deal with Marc-Andre Fleury.
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NFL/Steelers crack down on knockoffs!
Posted on 30. Jan, 2011 by briankoeberle.
Recently, the Pittsburgh Post-Gazette reported on a case in federal court filed by the NFL and the Pittsburgh Steelers against a local sportswear company. The league and team took action agaisnt Turtle Creek Sportswear, claming the company was in contempt of court for violating a previous court order against the company. In 2005 the company entered into a consent agreement not to sell clothing that was a “knockoff” of official Steelers merchandise. The team and NFL had originally sued the firm for selling products such as “Big Ben #7″ caps in black and gold. Recent investigation by the Steelers and the NFL alleged that the company was again selling merchandise with slightly altered versions of the Steelers logo, as well as versions of players names and uniform numbers.
“Knockoffs” or unlicensed sports products are a big problem for the various sports leagues and teams, and they are taking a hardline approach to companies that they believe are infringing on their trademarks. But are the leagues and teams going a bit too far? The leagues and teams have the right (and in fact an obligation under trademark law) to police and enforce their trademark rights, even if it means suing a small t-shirt company. No one would question the Pittsburgh Steelers right to prohibit unlicensed usage of its logo or team name. But do the teams control the colors of their uniforms, or the numbers on the back of jerseys, or their players’ nicknames? And how about catch phrases such as “Steel Curtain”, or “City of Champions”, or “Dawg Pound”, or “Titletown”?
I always advise my clients to take a conservative approach when developing sports products to make sure they are not infringing upon any intellectual property rights. For instance, I had a client that wanted to create a steak sauce with Pittsburgh Steelers wide receiver Hines Ward. They originally wanted to call the product “Hines 86 Sauce”. I counseled them that the name was too similar to “Heinz 57 Sauce” owned and marketed by the H.J. Heinz Company. In the end they decided to call the product “Hines Ward’s 86 Sauce”. Better sometimes to play it safe then to end up in court fighting an entity like the NFL or a muti-national corporation.
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Using Waivers and Release of Liability Forms!
Posted on 11. Jan, 2011 by briankoeberle.
Many sports events and fitness facilities routinely use Waivers and Release of Liability Forms in the normal course of their business. But do these forms really protect the promoter of a sports event or the operator of a fitness facility?
Years ago courts frowned on the use of such forms, deeming them against public policy. Today, the forms are widely accepted in most jurisdictions as valid, so long as they are drafted narrowly and don’t purport to absolve the promoter or facility from all liability. Waivers and Release of Liability Forms may very well protect against “ordinary negligence”, but not against reckless, willful or wanton conduct. And it is equally important to have a document drafted and customized to your particular circumstances and sports business. What’s appropriate for a triathlon or major sporting event may not be for a fitness club.
Consult with an attorney that specializes in sports law to have the most appropriate Waiver and Release of Liability Form drafted for your sports event or facility.
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Fallout from the American Needle Case!
Posted on 24. Oct, 2010 by briankoeberle.
A landmark U.S. Supreme Court ruling has turned the sports world upside down as it relates to future licensing deals. In the case of American Needle v. National Football League, the Supreme Court held that the 32 NFL Clubs are not considered a single entity under Section 1 of the Sherman Antitrust Act, but rather each team is a separate, independently owned business engaged in a joint venture. In 2004 American Needle, a manufacturer of caps, sued the NFL, claiming it violated antitrust laws when it locked all 32 clubs into an exclusive licensing contract with Reebok back in the year 2000. The NFL argued that they were a “single entity” incapable of conspiring against itself to limit competition, and therefore immune from any antitrust scrutiny.
American Needle’s victory doesn’t mean that sports leagues can no longer sign exclusive license agreements, or collectively negotiate media rights packages, or engage in any other collective practices. However, such future arrangements will now come under a “Rule of Reason” analysis by an examining court to make sure that the league is not engaging in purely anticompetitive activities for the sake of monopolizing a particular market.
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Celebrity Endorsements Still Work!
Posted on 22. Jun, 2010 by briankoeberle.
In the wake of the Tiger Woods and Ben Roethlisberger scandals, some corporate marketers may be shying away from
using a celebrity as a spokesperson for their product or service. They may view the risk of some untoward actions off the field as too great to offset any goodwill generated by a celebrity endorsement. But that type of knee-jerk reaction appears to be short-sighted at best. An examination of successful celebrity endorsement campaigns proves that brands can indeed be built successfully around a celebrity
Ask yourself, where would Nike be today without Michael Jordan? Or Mr. Coffee without Joe DiMaggio pitching the brand? And who hasn’t witnessed the impact of a celebrity endorser such as Peyton Manning for such iconic brands as MasterCard and Sony?
A few years back I partnered Chicago Bears Legend William “The Refrigerator” Perry with a seafood company to help launch their new Monster Size Fish Fillet. The pairing of an athlete nicknamed the “Fridge” (with an apparent monster-size appetite) with a Monster Size Fish Fillet product was a believable, credible endorsement and an innovative way for the company to launch a new product.
One of the main points to remember is that athletes and celebrities are human beings, prone to the same lapses of good judgement as anyone. The key is to plan an exit strategy should the celebrity bring negative publicity down on the brand. For example, I signed Ben Roethlisberger when he was a rookie with the Pittsburgh Steelers to his first endorsement deal for “Big Ben’s Beef Jerky”. We had a great 5-year run with the product, but after his latest off-field incident in Georgia, we felt it best to terminate the contract by invoking our “morals clause”.
