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In its third-quarter earnings report Tuesday (Nov. 15), China’s leading music streaming company Tencent Music Entertainment Group (TME) said quarterly net profits soared 39% to RMB 1.09 billion ($154 million USD) from last year as the number of online music subscribers reached a record 85.3 million.

TME, which owns streaming platforms QQ Music, Kugou and Kuwo, plus karaoke app WeSing, reported that music subscriptions rose 18.3% to RMB 2.25 billion (USD $316 million) for the third quarter ending Sept. 30 compared to the same period in 2021. The number of subscribers rose by nearly 20%, up from 71.2 million in the third quarter 2021.

“As we are employing a balanced approach to grow paying users…revenues from online music services increased at a healthy pace in the third quarter, driven by year-over-year gains in subscriptions,” Cussion Pang, TME’s executive chairman, said in a statement. “Meanwhile, effective cost optimization measures and improved operating efficiency led to increased profitability amid challenging macro conditions this quarter.”

Overall, online music services revenues rose by 18.8% to RMB 3.43 billion (USD $482 million), but that wasn’t enough to offset a 20% decline in revenues from social entertainment and services, the company’s other main business unit. TME’s total revenues fell by 5.6% to RMB 7.37 billion (USD $1.04 billion).

Media companies have reported widespread declines in mobile revenues for the third quarter, as increased prices for many and the worsening economic outlook globally has caused consumers to rethink everyday expenses. TME was not spared from the trend. The number of monthly active mobile music users fell by 7.7% to 587 million in the quarter, compared to 636 million in the third quarter last year — a decline the company attributed to casual listeners dropping off the platform.

Monthly average revenue per paying user of TME’s online music edged 1% lower, to RMB 8.8 million (USD $1.24 million) compared to RMB 8.9 million (USD $1.25 million) during the year-ago period.

The company bought back $800 million of its own stock in the third quarter, part of a $1-billion stock buyback program it announced last spring.

In September, TME launched a secondary listing on the Hong Kong Stock Exchange; it was already publicly traded on the New York Stock Exchange in the United States. Its move to issue secondary shares in Hong Kong followed similar moves by other big Chinese companies seeking to safeguard themselves against potential ramifications of the geopolitical tensions between China and the U.S.

The crypto world was rocked last week by the stunning implosion of FTX — the second-largest cryptocurrency exchange. Though the ripple effect across the industry is still playing out, Coachella appears to be caught up in the collateral damage.

The festival partnered with FTX.US to sell $1.5 million worth of NFTs back in February, a couple of months before the Southern California event’s first staging since the pandemic. The collection included 10 NFT “Coachella Keys,” which granted lifetime access to the festival and VIP perks such as luxury experiences and exclusive merchandise. Many of those NFTs now appear to be stuck and inaccessible on the defunct exchange.

“Like many of you, we have been watching this news unfold online over the past few days and are shocked by the outcome,” said a Coachella staff member on the festival’s Discord server. “We do not currently have any lines of communication with the FTX team. We have assembled an internal team to come up with solutions based on the tools we have access to. Our priority is getting Coachella NFTs off of FTX, which appears to be disabled at the moment.”

Coachella did not immediately respond to requests for further information. 

FTX filed for Chapter 11 bankruptcy on Friday citing a “severe liquidity crisis,” after depositors rushed to withdraw more than $6 billion in 72 hours. It is alleged that FTX and its founder Sam Bankman-Fried commingled customer deposits with its sister trading firm Alameda Research, resulting in a multi-billion dollar hole in the exchange’s balance sheet. When customers rushed to withdraw their funds, it became clear that FTX was insolvent.

The knock-on effects have been disastrous, with billions of dollars locked up and little prospect of recovery. Among those assets are several NFTs released through the FTX platform, including NFTs from Coachella and Tomorrowland.

One collector told Billboard he was able to withdraw his Coachella Key to his own wallet just days before FTX went bankrupt, but many others have not been so lucky. Anyone who kept their NFT on the FTX platform currently has no access to them.

Although few in the Web3 industry predicted a crisis on this scale, many crypto advocates have long argued that NFTs and cryptocurrencies should not be stored or held by centralized platforms such as FTX. The last update from the Coachella team — issued on Saturday (November 12) — advised users against interacting with any FTX product and recommended they sign out of all FTX accounts.

With massive successes from superstars Adele, Beyoncé and Harry Styles, Columbia Records landed the most nominations among labels in the Big Four Grammy categories of album, song and record of the year and best new artist. With nine nominations, Columbia was comfortably in first, as all three artists earned nominations for album, song and record of the year.
Columbia’s noms helped parent company Sony Music to lead the charge among label groups, with 16 nominations, besting the Warner Music Group (13), Universal Music Group (nine) and the indie label sector (two). In addition to Columbia, RCA racked up four nominations — Steve Lacy’s “Bad Habit” for record and song; Doja Cat’s “Woman” for record; and Latto for best new artist — while Epic picked up one (DJ Khaled’s “God Did” for song of the year), Sony’s distribution company The Orchard landed another for Bad Bunny’s Un Verano Sin Ti, and Arista picked up one, with Maneskin getting a nod for best new artist.

The second-biggest haul of nominations was for Warner-owned Atlantic, which landed five: a trio for Lizzo, an album nod for Coldplay and song of the year for new artist GAYLE. Three other Warner Music labels picked up two nominations apiece: Warner Records, with two best new artist nominees in Anitta and Omar Apollo; 300, which saw Mary J. Blige pick up noms in record and album of the year; and Elektra, with perennial Grammy favorite Brandi Carlile getting nominated for record and album of the year. (Earlier this year, 300 and Elektra were merged into the new 300 Elektra Entertainment.) Nonesuch also picked up a best new artist nomination with Molly Tuttle, while Bonnie Raitt — who got a song of the year nomination for “Just Like That” — put out her latest album through her Redwing label, which is distributed by Warner-owned ADA.

Within Universal, Interscope grabbed the most nominations — a trio for Kendrick Lamar — while ABBA’s nods in record and album of the year landed two for Capitol through ABBA’s Polar Music. Four other UMG labels also scored one nomination: Def Jam (best new artist, Muni Long), Republic (song of the year, Taylor Swift’s “All Too Well (10 Minute Version)”), Verve (best new artist, Samara Joy) and Blue Note (best new artist, DOMi & JD Beck, in partnership with APESHIT Records.)

Finally, two nominations for best new artist went to acts unaffiliated with the big three labels: Wet Leg, which released its debut album on Domino; and Tobe Nwigwe, whose latest album was put out through his own imprint The Good Stewards.

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings, and all the fun stuff in between. This week: A murder case against rapper YNW Melly turns into an appellate battle over the death penalty, Phoebe Bridgers defeats a producer’s defamation lawsuit, Megan Thee Stallion wins a restraining order against her label, and much more.

THE BIG STORY: YNW Melly Could Face Death Penalty

Three years after he was arrested and charged with first-degree murder, YNW Melly has found himself at the center of a legal battle over the death penalty, with a trip to the Florida Supreme Court looming next.If you haven’t been following: Melly (real name Jamell Demons) faces two counts of murder over accusations that he and another rapper, YNW Bortlen, shot and killed Anthony “YNW Sakchaser” Williams and Christopher “YNW Juvy” Thomas Jr. in 2018.A first-degree murder defendant in Florida would typically face the possibility of execution if convicted. But earlier this year, Melly’s attorneys argued that the state had forfeited the right to seek capital punishment by failing to comply with strict laws on how they must warn defendants that they’ll do so.Florida requires prosecutors to give notice 45 days after arraignment if they plan to seek capital punishment. In Melly’s case, the state attorney filed such notice when they originally indicted the rapper in 2019, but they then failed to do so when they re-charged him with a so-called superseding indictment earlier this year. In July, a state trial judge sided with Melly’s lawyers, taking the death penalty off the table.But in a ruling last week, a state appeals court overturned that decision. Since prosecutors gave notice that they might seek death when they first charged him, the court said they had complied with state rules – and more importantly, had avoided the due process problems the rules were designed to safeguard against.“Notice is notice,” the court wrote in its opinion. “The defendant has had nearly three years to start the preparation of his defense to the state seeking the death penalty [and] the record contains no evidence that the defendant was prejudiced in any way.”The ruling likely won’t be the last on Melly’s case. In handing down its decision, the appeals court certified that the case dealt with novel legal questions that are of “great public importance” to the state of Florida – meaning they should be decided by the state’s Supreme Court.In a statement to Billboard, Melly’s attorney Philip R. Horowitz said he and his client were “disappointed in the ruling” but “look forward to our opportunity to argue our position before the justices.”

Other top stories this week…

PHOEBE SLAPPS DOWN LAWSUIT – A Los Angeles judge tossed out a lawsuit against Phoebe Bridgers that accused her of defaming producer/studio owner Chris Nelson, citing California’s anti-SLAPP law that’s designed to protect free speech against questionable lawsuits. Nelson’s lawsuit claimed that Bridgers lied about him in a series of October 2020 Instagram posts, in which the singer amplified accusations of abuse made against him by another woman. Her lawyers then fired back that Nelson was just using the lawsuit to “chill Ms. Bridgers’ allegations of abusive conduct, which are protected by the First Amendment.” Though Judge Curtis A. Kin sided with that argument last week, he did not issue a written ruling explaining the decision. Nelson has already vowed to appeal; a rep for Bridgers said the star felt “vindicated that the court recognized this lawsuit as frivolous and without merit.”MEGAN THEE PLAINTIFF – A judge in Texas sided with Megan Thee Stallion and granted her a restraining order against her record label 1501 Certified Entertainment, issued after she claimed that the company “unlawfully” took steps “to block or interfere” with her ability to use her music in the lead-up to the AMAs on Sunday. The order bars the company from “preventing or blocking the use and exploitation” of Megan’s music in promotional content for the AMAs. The tussle ahead of the awards show is the latest front in a years-long legal war between Megan and 1501. She claims the label duped her into signing an unfair contract and has retaliated against her for challenging it; the company claims Megan, with the help of Jay-Z’s Roc Nation, is using baseless litigation merely as a vehicle to escape a deal she “no longer likes.”YE SUED YET AGAIN – Kanye West is facing a new copyright lawsuit over allegations that his “Life of the Party” illegally sampled from 1986 song “South Bronx” by the pioneering rap group Boogie Down Productions. The company that currently owns BDP’s copyrights says West’s people reached out to clear the sample, but then released it anyway when a deal was never struck. The case is the latest in a string of such infringement case against the embattled rapper, who (amid many, many other problems) has been repeatedly sued for failing to secure licenses for samples.THEIR LOSS? – Just days after Condé Nast sued Drake and 21 Savage for using a fake cover story in Vogue magazine to promote their new album Her Loss, a federal judge issued a restraining order forcing them to stop using it. The judge ruled that the cover – one of several fake promos for the album – was likely violating the publisher’s trademarks because Drake and 21 were “misleading consumers” and “deceiving the public.” DJ SUED FOR NFT PROFITS – 3LAU was hit with a lawsuit claiming the DJ refused to properly share the earnings from an $11 million NFT auction with Luna Aura, a musical collaborator who co-authored one of the songs involved. Aura claims she owns a 50% royalty stake in the song “Walk Away” from his album Ultraviolet — but that 3LAU (real name Justin Blau) offered her just $25,000 from the much-publicized NFT auction tied to the record: “Despite this financial windfall, defendants only offered Luna Aura a flat one-time payment.” 3LAU’s reps said the case was “without merit” and came as a surprise after months of negotiations.BANKROLL FREDDIE ARRESTED – Rapper Bankroll Freddie (Freddie Gladney III) was arrested in Arkansas on federal gun and drug charges, part of a sweeping bust across the state that saw 80 defendants indicted and 45 arrested, including his father Freddie Gladney Jr. The rapper, signed to Quality Control, is facing 11 total charges, including various drug possessions and possession of a machine gun.

Attorneys for Dua Lipa are asking a federal judge to quickly toss out a lawsuit claiming she stole her smash hit song “Levitating” from a little-known reggae track, calling the allegations “speculative,” “vague” and supported by little real evidence.
Members of the Florida band Artikal Sound System sued Lipa earlier this year, claiming her 2020 smash hit – which spent 77 weeks on the Billboard Hot 100 chart – borrowed its core hook from their 2017 song “Live Your Life.”

But in a motion to dismiss the case filed Monday (Nov. 14), Lipa’s lawyers said there was no sign that anyone involved in creating “Levitating” ever even had access to the earlier song – a key requirement in any copyright lawsuit. Artikal Sound System’s attempts to show such a connection, they said, were “tortured.”

“They amount to nothing more than a speculative, attenuated theory based on numerous degrees of separation, none of which establish any link — let alone a concrete link — between the writers of ‘Levitating’ and ‘Live Your Life,’” wrote Lipa’s lawyers from the firm Mitchell Silberberg & Knupp LLP.

“Plaintiffs are essentially seeking to plead access,” the star’s legal team wrote, “by alleging that someone who knows someone who knows someone might have met one of the ‘Levitating’ writers.”

“Levitating,” released in 2020 on Lipa’s second studio album Future Nostalgia, was a massive hit, eventually peaking at No. 2 on the Hot 100 and securing the honor of being the longest-running top 10 song ever by a female artist on the chart.

Artikal Sound System is a reggae band based out of South Florida, founded in 2012 as a duo before later adding additional musicians and vocalist Logan Rex. The band released “Live Your Life” on its 2017 EP Smoke and Mirrors.

In their March lawsuit, the band said the songs sounded so similar that it was “highly unlikely that ‘Levitating’ was created independently.” The lawsuit also named Warner Records, as well as others who helped create the hit track.

In Monday’s filing, beyond arguing that Lipa and other writers never heard the song, her lawyers also said Artikal Sound System failed to show that the songs were similar enough to constitute copyright infringement. The complaint is full of “vague, boilerplate labels and conclusions,” they said, but “devoid of a shred of factual detail”

“Plaintiffs fail to allege a single fact that identifies what material from ‘Live Your Life’ is copied in ‘Levitating’,” Lipa’s lawyers wrote. “Instead, Plaintiffs merely conclusorily allege purported similarities between the two works without any factual detail whatsoever.”

An attorney for Artikal Sound System did not immediately return a request for comment on Tuesday.

The current case is one of two lawsuits Lipa is facing over “Levitating.” The other, filed just days later, claims she and the other writers lifted material from both a 1979 song called “Wiggle and Giggle All Night” and a 1980 song called “Don Diablo.” That case is still pending in a different court.

On the same day that Taylor Swift casually picked up four Grammy nominations, Swifties fought tooth and nail to pick up tickets for her Eras Tour next year. In fact, so many millions (that’s right, millions) of them flooded Ticketmaster’s site trying to purchase tickets during the tour’s initial presale Tuesday (Nov. 15), the company was forced to postpone a couple of its onsales following high reports of site crashes and technical difficulties.

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“A few updates on the Taylor Swift Eras Tour onsale,” read a statement posted to Ticketmaster’s official Twitter account. “There has been historically unprecedented demand with millions showing up to buy tickets for the TaylorSwiftTix Presale.”

“Hundreds of tickets have been sold,” it continued. “If you have already secured tickets, you are all set. If you are currently in a queue, please hang tight — queues are moving and we are working to get fans through as quickly as possible.”

The company went on to announce that onsales scheduled for West Coast shows in Los Angeles, Las Vegas, Santa Clara and Seattle would be postponed to 3 p.m. PT Tuesday instead of its original time of 10 a.m. PT. The Capital One cardholders presale was also moved to 2 p.m. local time Wednesday (Nov. 16), delayed from its originally scheduled starting time of 2 p.m. local time on Tuesday.

“All presale codes and links sent via text will still work at that time,” Ticketmaster reassured Swifties in its statement. “Thank you for your patience as we continue managing this huge demand.”

The presale initially started at 10 a.m. local venue time on Tuesday and was soon followed by outages on Ticketmaster’s website. The technical difficulties were reported and posted about by anxious fans trying to secure seats at one of Swift’s 52 North American shows kicking off in March next year.

Some of the gargantuan demand for Eras Tour tickets had been apparent even leading up to the ticket sale, leading the “All Too Well” pop star to add 25 additional shows to her 27 original dates in the past couple weeks.

Read Ticketmaster’s full statement below.

Overnight sensations are largely a myth in the music business, and Brookfield Asset Management’s surprise emergence in early October as one of the biggest players in the song-catalog investment and management market was no exception.
Angelo Rufino, the managing partner behind the company’s $2 billion investment in music publisher Primary Wave, says the deal “was a real creative endeavor that took many twists and turns over six months until we both said, ‘We’ve got it. This makes complete sense.’ ”

The 41-year-old East Fishkill, N.Y., native is referring to Primary Wave founder/CEO Larry Mestel, whose business model, he says, convinced Brookfield it was time to make its first foray into the music industry. “We found, after a very long search, the manager who really spoke to how we invest as a company. Larry doesn’t buy an asset, then sit back and say, ‘Well, streaming’s growing at 18% this year. I’m going to get my beta just participating alongside that industry growth.’ He’s got a massive team of branding experts, content experts to proactively drive growth.”

Rufino predicts that strategy will be crucial to future success. “As more money comes in and as things become more competitive,” he says, “we think the ability to grow and compound these assets with a value-added component will be the single differentiator between the winners and losers.”

Rufino and Mestel worked together to craft a three-pronged structure without outside help — unusual in today’s world where investment bankers are often relied-upon go-betweens. They set up a permanent capital vehicle, which they filled partly by buying out some of the investors in Primary Wave’s first and second funds. They rolled $700 million in assets from those funds into the new structure. Brookfield threw another $1 billion on top, and Creative Artists Agency (CAA) joined as a strategic partner and minority shareholder. The result: one of the biggest single funds aimed at catalog acquisitions in the music industry.

Angelo Ruffino’s desk plaque serves as a reminder “that contrarian thinking is required, as things tend to come full circle.”

Krista Schlueter

Rufino, who holds a seat on the company’s newly formed board, sees the music intellectual-property (IP) asset class eventually becoming a $100 billion market and Primary Wave doubling or even tripling in size — while generating returns exceeding 20% — through movies, gaming partnerships and international expansion.

“It just so happens that Brookfield is the largest private investor in Brazil — a country that has an enormous music culture,” Rufino says. “We’ve also made strong footholds in India as a company, and it’s a market we are interested in exploring with Primary Wave.”

That’s not all. Brookfield’s limited partners — clients on the side of Brookfield’s business that manages money for a fee — remain extremely interested in investing in artists’ rights, especially now that some of the frenzied buying of last year has calmed, Rufino says. “We believe music [IP] as an asset class is still in the very early innings.”

Brookfield’s investment in Primary Wave is its first in the music industry. What should people unfamiliar with your firm know about Brookfield and how it invests?

We are a 100-year-old asset manager that has its roots in a Canadian holding company. We always take a contrarian view to value investing. We want to own things that we view as the backbone of the global economy. We began as a company that owned and operated assets, as opposed to just invested in them from a financial perspective. We started in real estate [and] very quickly branched out into infrastructure, renewables, corporate private equity. We’ve ticked every box of the global ecosystem of asset classes while [building on] our heritage as owner-operator with the best of both worlds — permanent capital and third party-managed money.

Where does Primary Wave fit in Brookfield’s $750 billion portfolio of assets?

Our CEO, Bruce Flatt, wants us to own the backbone of the economy. With Primary Wave, we own the backbone of the music industry with a super-long tail and very stable cash flows. When you own Bob Marley, Whitney Houston, James Brown, these are brands. He’s the best I’ve ever seen at leveraging brand extensions to supercharge the growth of these assets. When we saw the catalogs, we said, “These are the types of assets we can own forever if we so choose.”

Who brought in CAA?

That was Larry’s relationship. He introduced us to [CAA president] Jim Burston, and it became very obvious very quickly that they would supercharge Larry’s core competency. There is an absolute grab for content at this point. Netflix, Hulu and 30 others need to keep us engaged. We are going to keep seeing these artists weave their way into our lives, and CAA has the relationships to help us do that across many entertainment venues while also providing intros to artists.

The Buddha statuette “was a gift from a friend and colleague to bring our team good luck and fortune,” says Rufino.

Krista Schlueter

The market for investing in song catalogs and other intellectual property has grown crowded over the last two years. What’s your outlook for this asset class?

I’d actually argue it’s not that crowded. Somewhere around $7 billion has been raised to go after this asset class, and we think the total addressable market is well in excess of $100 billion. We think there’s going to be a massive opportunity over the next three to four years to acquire these rights. The other thing is that the opportunity set will become much more nuanced. These are really emotional, sensitive transactions for artists, and Larry has emerged as somebody whom artists trust, and that’s important when you are selling something as incredibly important as your life’s work. We wanted to buttress that by saying, “What would be better than partnering with the best steward for my assets and a financial partner that understands this asset class and has an ability to hold the asset forever?”

Why do this deal now?

I was resigned to thinking we wouldn’t get something done in the space until we met Larry earlier this year. What we knew was that 2021 didn’t feel like a good time to do this type of transaction. 2021 was a year of madness in the markets — sky-high valuations across anything you could look at. Brookfield is patient and has the capital base and buy-in from our CEO and investors to wait until opportunities are ripe and fit our organization. So we continued studying the space, gaining conviction in the asset class and understanding that the macro environment would eventually present the opportunity to acquire these assets at a good value.

Do you expect to deploy additional capital beyond what was already committed?

If the business model plays out the way we expect, yes, this entity will just keep receiving capital from us.

As you look to scale Primary Wave, what other companies might make sense to buy?

There are many things we can look at. There are going to be things that touch future mediums of how music is disseminated. Maybe it’s channels of distribution that might make sense for us. Maybe it’s song-catalog managers — people who are doing what we’re doing but need assistance with the value-added component. It could be international opportunities where we are looking at companies that could help us fully brand some of these artists in areas outside of their home country.

What kind of return does Brookfield expect to earn?

We have a 20-year history of compounding at 20%-plus in our public top company. We think returns for this asset class can be at that level and for a very long duration.

Where do you see opportunities for growth?

There are so many ways to monetize music. Think about movies, video games. Music is going to be like the Marvel and DC comic catalogs. We started with Batman and Superman. Then Justice League and Wonder Woman and Black Panther. You think about Rocket Man, Bohemian Rhapsody, Elvis. Now Larry is bringing Whitney Houston to Hollywood. I look at our portfolio of musicians and say we’re going to have movies made on each of them. Prince, Whitney, Bob Marley.

The ability to scale streaming penetration globally is enormous, and the number of vectors that are going to occur with YouTube, TikTok, Peloton are not going to only drive music penetration and pricing, but growth in areas that we haven’t begun to realize.

Angelo Ruffino’s “Fugazi” bell is “a fun way to call out analysis, accounting or anything that doesn’t make sense as we review investment opportunities.”

Krista Schlueter

If there was one biopic you want Primary Wave to make, what would it be?

Prince. I’m a big Prince fan.

What other music do you like?

Classic rock. I love all things ’60s, ’70s and ’80s. I’m a massive Talking Heads fan. I’ve always been into music and sang a cappella at Skidmore College and for many years in New York, including in a group called The Invisible Men. We disbanded when we all started having kids. My two sons, who are 3 and 4, love Tom Petty. We don’t own that catalog. Larry’s going to have to buy it.

Mariah Carey might be the “Queen of Christmas,” but a new legal ruling means she won’t be able to stop others from using the same name.

In a decision issued Tuesday, a tribunal at the U.S. Patent and Trademark Office rejected Carey’s application to register the royal title as a federal trademark. The decision went in favor of Elizabeth Chan, another singer who says she’s used the same name for years.

Chan filed a legal case against Carey in August, arguing that “Christmas is big enough for more than one Queen.” After that, Carey never responded to the case or defended her applications for the trademarks, prompting the Trademark Office to rule in favor of Chan by default.

“We are pleased with the victory, and delighted that we were able to help Elizabeth fight back against Carey’s overreaching trademark registrations,” said Tompros, an attorney at the law firm WilmerHale.

In the same statement, Chan herself added: “Christmas is a season of giving, not the season of taking, and it is wrong for an individual to attempt to own and monopolize a nickname like Queen of Christmas for the purposes of abject materialism.”

Carey’s attorney did not return a request for comment on the decision.

In a statement, Chan’s lawyer Louis Tompros called Carey’s efforts to secure legal protection over the “Queen” name “a classic case of trademark bullying” – a term used to criticize overly-aggressive trademark protection by big brands.

Likely playing on her perennial smash hit “All I Want For Christmas Is You,” Carey’s company (Lotion LLC) applied last year to register the “Queen” name as an exclusive brand name for a variety of different goods and services, ranging from music to alcohol to fragrances.

Trademarks are different than copyrights, and they do not give someone blanket ownership over particular words. If Carey had won the registrations and wanted to sue someone, she still would have needed to prove that consumers had confused the two brand names – not always an easy task, particularly with a fairly unoriginal name like “Queen of Christmas.”

But such registrations are still important, and would have empowered Carey’s company to start threatening litigation and crowding out others from using it in similar commercial contexts. That potentially would include Chan, who calls her self “pop music’s only full-time Christmas singer” and says she’s also been repeatedly dubbed the “Queen of Christmas.”

The risk of such litigation prompted Chan to file her August case at the Trademark Trial and Appeal Board, a court-like body within the USPTO that decides disputes over who is entitled to register particular trademarks. Repped by Tompros, she argued that no single singer or company should be able to lock up the title.

“Ms. Carey can call herself whatever she wants, but she shouldn’t have the ability to block others from doing the same,” Tompros said at the time.

It’s unclear exactly what motivated Carey and her lawyers (from the elite trademark law firm Fross Zelnick) to file the applications, particularly after she gave an interview in December in which she seemed to disclaim the title: “To me, Mary is the Queen of Christmas.”

The dispute over the “Queen” title prompted some fun wrangling among other Christmas “queens.” Darlene Love jokingly urged Carey to “call my lawyer,” noting that David Letterman had “officially declared me the Queen of Christmas 29 years ago.” And just last week, Dolly Parton quickly conceded the title to Carey after an interviewer suggested that Parton might be “the new Queen of Christmas.”

“Now, don’t you say that! I’m not going to compete with Mariah,” Parton said in the interview with Better Homes and Gardens. “I love her. You think of Christmas, you think of Mariah.”

“Is it true that Mariah Carey trademarked ‘Queen of Christmas?’ What does that mean that I can’t use that title?” Love asked in the post. “At 81 years of age I’m NOT changing anything. I’ve been in the business for 52 years, have earned it and can still hit those notes! If Mariah has a problem call David or my lawyer!!”

Santigold has launched a new community fan club powered by Web3, allowing her to connect directly with fans and offer exclusive content and experiences. It follows a tour cancellation in September where she told fans, “I have tried and tried, looked at what it would take from every angle, and I simply don’t have it.”
The difficult touring conditions has many artists looking for an alternative in Web3. Digital communities, unlocked through NFT access, are becoming increasingly popular for musicians seeking a deeper connection with their fans.

“I am excited about Web3 as an opportunity for artists to interact with our audiences in more honest, intimate and creative ways, while exploring new art mediums and technologies,” says Santigold. “I’m also looking forward to using this space to innovate ways to control the release of our art on our own terms.”

After claiming a free NFT pass, fans will have access to a hub of exclusive content including a sneak peak at Santigold’s upcoming music video. Fans can also submit questions for her new podcast and vote on merchandise designs.

Santigold’s ‘Fan Club’ is powered by Web3 tech company Medallion which already hosts personalized fan clubs for Tycho, Sigur Ros and Jungle. The tech is customizable so it can be integrated into an artist’s existing website and aesthetic. The onboarding process for fans is free and seamless — an example of Web 2.5 whereby the complicated crypto technology is disguised with simple and familiar interfaces.

Medallion Logo

Courtesy Photo

British band Jungle launched their Medallion fan club in September and has already used it to launch hyper-localized campaigns to support their touring activity. For example, the band onboarded 500 local fans in Mexico City ahead of a headline show. “The Jungle Fan Club has allowed us to connect with fans directly in a digital space that feels communal, interactive and collaborative,” says Jungle. “Medallion’s technology has built solutions for ideas we’ve had for years, but have never had the tools to make practical.”

Since launching, Medallion has onboarded 20,000 users to Tycho, Sigur Ros and Jungle’s communities — 95% of those had never touched crypto before. Within 24 hours of launching his Web3 fan club, Tycho tripled the number of fans in his Discord community.

“Medallion’s technology has been built with a singular goal of helping artists create more meaningful connections with their fans, both on and off the road,” says Medallion president Derek Davies. “And with the hardships facing touring artists since the onset of the pandemic, the invaluable importance for community in digital spaces has become clearer than ever.”

Web3 fan clubs are not a new phenomenon. Steve Aoki launched the Aokiverse in 2021 which offers fans token-gated access to VIP tickets and free NFT airdrops. Hard rock band Avenged Sevenfold launched the Deathbats Club which gives fans unlimited meet and greet access for life. Meanwhile, alt-rockers Portugal. The Man launched a Web3 fan club complete with its own social token $PTM.

The trend is accelerating, however, especially as new platforms are developed to create a simple, custom experience. The harsh realities of touring in a post-COVID world, coupled with the pressure to create ‘content’ for a mass audience on social media, means that digital communities could become an increasingly important way to engage with super fans.

The ongoing legal battle between Megan Thee Stallion and her label 1501 Certified Entertainment has taken another nasty turn around this weekend’s American Music Awards.
According to court documents obtained by Billboard, the “Savage” rapper (born Megan Pete) was granted a restraining order against 1501, along with her distributor 300 Entertainment, after claiming 1501 “unlawfully” took steps “to block or interfere with Pete exploiting, licensing, or publishing her music” in the lead-up to the upcoming AMAs on Sunday (Nov. 20). Filed in Harris County District Court in Texas, the order says Megan “provided evidence” that the company “recently engaged and will continue to engage in threatening and retaliatory behavior that will irreparably harm” her music career.

Without providing further detail on what 1501 or 300 allegedly did, the court notes that it filed an ex parte order — essentially, a type of emergency order granted without waiting for a response from the other side — “because there was not enough time to give notice to Defendants, hold a hearing, and issue a restraining order before the irreparable injury, loss, or damage would occur.” It adds that voting for the AMAs, where Megan is nominated for favorite female hip-hop artist, closes on Monday night (Nov. 14) at midnight, and that Megan “will suffer irreparable harm if her music cannot be used in conjunction with her promotion for the AMAs.”

Under the order, 1501, 300 and anyone acting “in concert or participation with” them are restricted from “preventing or blocking the use and exploitation” of Megan’s music in promotional content for the AMAs, — including by “threatening or otherwise attempting to intimidate or coerce” third parties not to use it — through Nov. 20. It also sets a hearing on Megan’s restraining order request for Nov. 22.

The restraining order is just the latest volley in a more than two-year-old legal battle that began in 2020 when Megan filed a lawsuit alleging that 1501 founder Carl Crawford tricked her into signing an “unconscionable” record deal in 2018 that was well below industry standards. She claims that upon signing a management deal with Jay-Z‘s Roc Nation the following year, she got “real lawyers” who showed her that the 1501 agreement was “crazy.”

In February, Megan filed a separate lawsuit claiming 1501 had refused to count her 2021 Something for Thee Hotties release as an album — a pivotal definition, as her 1501 deal states that she must produce three albums to fulfill her obligations. 1501 quickly countersued, arguing that Thee Hotties included just 29 minutes of original material and therefore didn’t qualify.

In September, Megan filed yet another lawsuit seeking more than $1 million in damages, claiming that 1501 “systematically failed” to pay her the proper amount of royalties she was owed and had “wrongfully allowed for excessive marketing and promotion charges,” in addition to allegations that the label leaked her most recent album Traumazine. In response, attorneys for the label argued it was actually Megan who had failed to pay 1501 its fair share of money she made from endorsements, partnerships and other business deals, as well as requirements related to publishing royalties. They further added that any claims of underpayment of royalties should be redirected to 300 Entertainment.

Representatives from 1501 and 300 did not immediately respond to Billboard‘s request for comment.