From Front Office Sports <[email protected]>
Subject Why FSU, Clemson May End Lawsuits
Date January 30, 2025 9:13 PM
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Afternoon Edition

January 30, 2025

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ESPN has picked up an option to extend its ACC coverage through 2036. That’s less surprising than a new clause awarding more money to teams that bring in the most revenue. It’s this change that reportedly has Florida State and Clemson considering the end of their lawsuits against the conference.

— David Rumsey [[link removed]], Eric Fisher [[link removed]], A.J. Perez [[link removed]], and Colin Salao [[link removed]]

Clemson, Florida State Could End ACC Lawsuits Under Revised ESPN Deal [[link removed]]

Melina Myers-Imagn Images

Florida State and Clemson could be on the path to settling their lawsuits against the ACC as part of a revised revenue-sharing system under the conference’s media-rights deal with ESPN.

On Thursday afternoon, ESPN and the ACC announced the network has agreed to pick up the option on its contract to continue as the conference’s sole broadcast partner through 2036. If the option had been declined, the ESPN-ACC deal would have expired in 2027. There was a Feb. 1 deadline.

When the ACC added Cal, Stanford, and SMU last year, ESPN increased its rights fee [[link removed]] which makes up the majority of the revenue the conference annually distributes to its members. Notably, Cal and Stanford agreed to take reduced payments, which amount to $30 million each year for other schools, and SMU is not receiving any media money.

The key part of the new agreement could be that a percentage of the ACC’s TV revenue will be included in a “brand” fund, according to multiple reports, including ESPN [[link removed]], which would then be distributed to schools that annually generate the most revenue for the conference in football and men’s and women’s basketball. Florida State and Clemson would be expected to drop their lawsuits if the agreement is finalized.

How We Got Here

In December 2023, Florida State and the ACC sued and countersued each other [[link removed]] to determine whether the Seminoles could leave the conference without paying an almost $600 million exit fee.

In March 2024, Clemson filed a lawsuit against the ACC [[link removed]] to ascertain whether the conference’s Grant of Rights (which binds schools to a conference for the lifespan of its media contract) was legally enforceable. The ACC countersued Clemson shortly afterward.

That litigation has remained unresolved as conference realignment has hit the nation and the College Football Playoff expanded to 12 teams.

Comcast Stock Falls, but Peacock and Sports Rights Provide Hope [[link removed]]

Gregory Fisher-Imagn Images

One of the foremost U.S. companies for TV distribution and internet connectivity is finding content itself to be an increasingly critical pathway—with sports standing at the heart of that growing shift.

Comcast, the No. 2 pay-TV provider and major entity for broadband access, reported a company record Thursday for quarterly revenue, with its fourth-quarter haul of $31.9 million beating the comparable total from 2023 by 2.1%, as well as analyst projections. Net income, meanwhile, soared by nearly 47% to $4.8 million in the quarter.

Amid the superlatives, though, the totals revealed a major pivot point for the NBC Sports parent company. Comcast lost another 311,000 cable-TV subscribers in the quarter, leaving a new total of 12.5 million, and broadband subscriptions similarly fell by 139,000 to 31.8 million.

The company, however, saw meaningful growth in several parts of its content business, including a 28% revenue surge with its Peacock streaming service to $1.3 billion, as well as improved results from its movie studio and theme park operations, plus its sports networks.

Peacock has 36 million subscribers, flat from Comcast’s third-quarter results [[link removed]]. The pathway to profitability for the service, however, continues to improve as losses there fell to $372 million, less than half the comparable total for the prior-year period and down from a $436 million loss in the third quarter. There was also no major churn following the subscriber boosts seen during and immediately after the Paris Olympics.

Despite those gains, though, investors were still rather displeased with the cable and broadband subscriber losses, and sent Comcast stock down 11% Thursday to a 52-week low of $33.25 per share.

Spin-Off Talk

Another notable statistic emerging Thursday regarding Peacock was that 98% of the viewing on the service involving NBCUniversal channels is from content not on cable channels it plans to spin off by the end of this year [[link removed]], and instead is dominated by NBC’s broadcast channel and Bravo. To that end, Comcast executives said the percentage was a further testament to the evolved corporate strategy.

“We’re not really running a Peacock-only strategy. We’re running a broadcast-plus-streaming strategy, and looking to optimize that over the years ahead,” said Comcast president Mike Cavanagh.

Of course, standing at the top of that more focused media model is sports, particularly the NFL and Olympics. In the meantime, NBCUniversal outlets that will be part of the spinoff, like the Golf Channel, are already preparing for a newly separated reality.

“We’re definitely going to operate as two different companies, for sure, independent of one another,” NBC Sports EVP of golf Tom Knapp tells Front Office Sports [[link removed]]. “We will continue to be who we need to be, and have synergies with NBC, but clearly, we will be an independent business.”

NBA Impact

Cavanagh, meanwhile, acknowledged the arrival of NBA rights to NBC beginning this fall, costing roughly $2.5 billion annually, may ultimately result in price increases at Peacock or the establishment of a higher subscription tier. Any such decisions, however, will not arrive until at least 2026.

“I would give us the full first season of NBA, into the second season, before we sort of normalize our businesses to handle the higher expense there,” he said.

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Utah Hockey Club Puts Name Choice in Fans’ Hands After Yeti Fiasco [[link removed]]

Rob Gray-Imagn Images

The Utah Hockey Club is abandoning efforts to rename the franchise permanently to the Yeti or Yetis, instead unveiling three other candidates in a major twist in the long-running and high-profile branding effort.

Just days after the NHL franchise ran into fierce opposition from the U.S. Patent and Trademark Office [[link removed]] to use the Yeti name that had been widely seen as a likely choice, it acknowledged it was unable to strike a “coexistence agreement” with the popular brand of drinkware, bags, and coolers. That, in turn, helped imperil any efforts by the team to counter the provisional trademark rejection from the USPTO.

“The difference with Yeti was the trademarks they have on clothing and licensed products,” Mark Maughan, executive for Smith Entertainment Group, which owns the team, tells Front Office Sports. That same licensing is core to any pro sports team. “It had everything to do with the trademark that they have on clothing and licensed products.”

As a result, the team will now invite fans to vote on three finalist possibilities: the preexisting options of keeping the Utah Hockey Club name or the Mammoth, and a new option of Wasatch—referencing the local mountain range and essentially acting as a replacement choice for Yeti.

The fan vote will be held among attending fans at the Delta Center over the next four home games, using tablets stationed around the arena, with a total potential vote count of more than 50,000. The club still intends to have the new name and logo finalized in advance of the 2025–2026 NHL season. Maughan predicted an end to the trademark issues surrounding the process and said the team is on “very solid ground” to complete the process with any of the three finalists.

“The entire process has been an intentional narrowing down,” Maughan says.

Tough Road

Both Maughan and external branding experts, however, acknowledged the difficulty of any new trademarking effort. There have now been so many different types of business ventures, in and out of sports, involving established, existing language that creating a new brand often involves also forming a new word.

“Us trademark lawyers have a nerdy little joke: ‘Have we run out of names to trademark?’” Zakari Kurtz, founder of Sneaker Law Firm PLLC, tells FOS. “It’s comical because you can trademark just about anything, and there aren’t many names left available.”

STATUS REPORT Two Up, Two Push

Matt Krohn-Imagn Images

Toronto Tempo ⬆ The WNBA expansion franchise set to debut in 2026 has hired Monica Wright Rogers as its first general manager [[link removed]], ESPN reported Wednesday. She has been the assistant GM for the Phoenix Mercury since January 2023. As a player, she was drafted No. 2 by the Minnesota Lynx in 2010, winning two titles with the team.

Greg Olsen ⬆⬇ The Fox analyst admitted to The Charlotte Observer that he is “not happy” [[link removed]] with his place on the network’s No. 2 broadcast team. Tom Brady took over for Olsen on the network’s No. 1 team after inking a 10-year, $375 million deal [[link removed]]. Olsen also told The Athletic that he doesn’t feel personal resentment toward Brady or Fox [[link removed]], but whatever he feels is “not too far off.”

MLS ⬆⬇ The league made a major move to alter its prior, landmark rights deal with Apple [[link removed]] to allow subscribers of traditional pay-TV providers Comcast and DirecTV and mobile carrier T-Mobile to gain access to MLS League Pass. The package previously was exclusive to Apple TV. MLS and Apple are also creating a new dedicated Sunday slot for a featured game of the week, expanding on prior scheduling focused primarily on Saturdays and Wednesdays. That moves come as speculation persists that fan adoption of the league’s move to go so heavy with Apple’s streaming has not met expectations [[link removed]]. Linear viewership of the recent MLS Cup final, meanwhile, fell by roughly half [[link removed]] compared to 2023.

Nationals ⬆ The MLB club’s home ballpark, Nationals Park, has already been transformative to southeast Washington, helping revamp a previously underdeveloped area. Now, the Nationals are looking to expand the non-game-day use of the facility, releasing early-concept renderings of renovations that would include heightened retail, restaurant, and entertainment options. The upgrades under consideration—which would be partially supported by public funding approved last year for ballpark improvements—tie into broader mixed-use developments at stadiums sweeping the industry, as well as a substantial overhaul planned for nearby Capital One Arena [[link removed]].

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