Quote:

"Elvis Presley is the greatest cultural force in the 20th century."

(Leonard Bernstein)


Quote:

"If you're an Elvis fan, no explanation is necessary; If you're not an Elvis fan, no explanation is possible."

(George Klein)


Quote:

"For a dead man, Elvis Presley is awfully noisy."

(Professor Gilbert B. Rodman)


 

 

 

 

 


Elvis Presley Enterprises Sold!

The sale of majority interest in EPE's 'marketing operations' shocked many in the Elvis world. EIN has prepared a comprehensive archives of news and articles about the sale (and its aftermath) - the biggest news story to hit the Elvis world since the opening of Graceland to the public on 7 June 1982.

Robert Sillerman (and his wife, Laura)... the new owner of EPE

News stories (see also "Articles" near bottom of page)

 

2008

Privatisation of EPE parent company nixed: CKX Inc., which licenses the rights to images of Elvis Presley and other celebrities, said that a $1.33 billion plan to go private has fallen through because of "extraordinary" economic conditions. Formed in 2004, CKX has built a rights portfolio related to the images and creative output of public figures including Muhammad Ali and David and Victoria Beckham. As a result of its 2005 acquisition of London-based 19 Entertainment Ltd., CKX also owns the "American Idol" TV and music franchise and its international counterparts.

Under the now-scuttled plan, announced in June 2007, a group of managers led by Chairman and Chief Executive Robert F.X. Sillerman and 19 Entertainment CEO Simon Fuller would have paid $1.33 billion, or $13.75 a share, for CKX. The company on Monday cited "national and global economic conditions that made it impossible to consummate the transaction." CKX shares settled at $4.18 in 4 p.m. Nasdaq composite trading, down 26 cents, or 5.9%. The corporate vehicle created as the buyer in the transaction, 19X Inc., will be required to pay a $37.5 million termination fee, nearly all of it in CKX shares valued for the purpose at $11.08 apiece.

Mr. Sillerman is viewed in the entertainment industry as a shrewd entrepreneur. He is best known for reshaping the concert business in the 1990s, when he bought up numerous local and regional concert promoters. He sold the resulting conglomerate in 2000 to Clear Channel Communications Inc. for almost $3 billion. A 2005 public spinoff of the concert company, now known as Live Nation Inc., valued it at $871 million. Clear Channel ultimately declared a $2.4 billion loss on the deal.

In an interview last year, Mr. Sillerman said he wanted to take CKX private because certain celebrities were uncomfortable about disclosing personal financial details, which would be required if they entered a broad agreement with a public company. These people, whom Mr. Sillerman declined to name, would be more comfortable dealing with a closely held company, he said.

In a filing Monday with the the Securities and Exchange Commission, Messrs. Sillerman and Fuller said they intend to continue pursuing the acquisition using alternative financing options. (Sale of EPE Archives; Source: Ethan Smith, Wall Street Journal, 5 Nov 2008)


19X - CKX merger now unlikely: Robert F.X. Sillerman, on behalf of 19X, Inc., has notified the Board of Directors of CKX, Inc. (Nasdaq: CKXE) that in light of the recent turmoil in the financial sector and the related tightening of the financing markets, he no longer believes that 19X will be in position to consummate its pending acquisition of CKX at the current price of $12.00 per share. The Company added that, given the time needed to complete the proxy process and obtain stockholder approval, a closing by the current October 31st deadline is no longer possible.

Mr. Sillerman further informed the Company that despite the difficult economic climate, he intends to continue to pursue a transaction and intends to approach the Board with an alternate acquisition proposal, either through purchase, merger, tender offer or other acquisition structures, by no later than the October 31st transaction deadline.

Pursuant to the terms of the existing merger agreement, 19X has until October 31, 2008, to complete the transaction. In light of the information provided by Mr. Sillerman and the impending October 31 deadline, the Board of Directors of the Company is reviewing CKX's alternatives and will consider any proposal presented to it, including a revised proposal by Mr. Sillerman.

While the current merger transaction has been pending, management of the Company has continued to concentrate on the on-going business operations of the Company, as evidenced by the strong results posted for the six months ended June 30, 2008. As reported in its recently filed Quarterly Report, the Company has significant cash on hand and substantial additional available borrowing capacity for its short term and long term operations.

Under the terms of the merger agreement, 19X agreed to acquire CKX at a price of $12.00 per share in cash. 19X, Inc. is a private company owned and controlled by Robert F.X. Sillerman, the Chairman and CEO of CKX, and Simon R. Fuller, a director of CKX and the CEO of 19 Entertainment Ltd, a wholly-owned subsidiary of CKX. ( Source: PR Newswire, Sep 2008)


Las Vegas project in trouble: New York billionaire Robert FX Sillerman is backing away from an ambitious Elvis-themed resort across the $9-plus billion City Center. Sillerman, in a Security Exchange Commission filing on Monday,indicated it is "unlikely" that his orginal Las Vegas plan will proceed.

"As a result of the dislocation and turbulence in the capital markets," the filing said,"the Company is reviewing its originally proposed program for the redevelopment of its Las Vegas properties.

"While no definitive determination has been made by the Company, it is unlikely that the program originally proposed will be undertaken. The Company intends to continue the propertiesʼ commercial leasing activities pending any such definitive determination."

When he announced his Elvis plans for Las Vegas 2 1/2 years ago, Sillerman indicated it would involve an interactive museum and Elvis theme show on the site, which stretches from the Harley-Davidson Cafe to Smith & Wollensky steak house along Las Vegas Boulevard.

Sillerman paid $100 million to the Presley family in 2005 for control of Elvis' name and likeness, but not his music.

There have been hints that Sillerman also planned an Elvis hotel on The Strip, but that may be a case of "Heartbreak Hotel."

The City Center will feature a Cirque du Soleil Elvis show. ( Source: AP, Sep 2008)

Whitehaven residents advised of EPE plans: City councilman Harold Collins told a packed house at Middle Baptist Church in Whitehaven on Monday night that investors plan to spend $250 million-$500 million on an overhaul of Graceland and its surrounding area. While Collins promised nearby residents that plans do not call for "roller coasters and Ferris wheels up and down Elvis Presley Boulevard," he said there will be extensive renovations in the Craft Road area.

Collins said Elvis Presley Enterprises Inc. understands that its plans must be reviewed by town-hall meetings. With fellow council members Janis Fullilove, Edmund Ford Jr. and Myron Lowery also on hand, Collins shared what little is known about plans by EPE and its parent company, CKX Inc., for Graceland expansion.

EPE has bought $13 million worth of adjacent land already, including the soon-to-be-demolished Craft Manor apartments, and the plan calls for all Graceland-related operations to be moved to the east side of Elvis Presley Boulevard, with shops and restaurants on the west side.

EPE, Collins said, has proposed installing a tree line to divide residential and commercial properties. (Source: Commercial Appeal /Elvis News, 20 Aug 2008)


Robert F.X. Sillerman interview: Robert F.X. Sillerman, the president and chief executive officer of the company that owns Elvis Presley Enterprises, commented via a 20-minute recording to questions submitted to the official Elvis Presley web site. His response, recorded last week at the New York headquarters of his company, CKX Inc., was played at the Elvis Insiders Conference at The Cannon Center for the Performing Arts Downtown.

Little Susie Q, who attended the Elvis Insiders Conference, added a transcript to her ElvisWeek 2008 blog:

What are your plans for Las Vegas? -

It will be a big, interactive (you will be able to “talk” to Elvis), maybe they can get the street names “Elvis Presley Blvd West”. Elvis deserves a bigger presence in Vegas for what he did there.

What are your plans for Graceland –

The impact of economy may affect how fast what we do. Won’t be spending all of the money up front. But major pieces will be completed soon (“soon” being a relative term). Our current economic situation is pretty dire.

Sneak peak of plans?

Tied up with what happens with Memphis and TN We need approval. Once we know what we can do, plans will come out. Perhaps in 6 months.


Sillerman: I’m an Elvis fan – put your earplugs in and I’ll do my rendition of an Elvis song. I’m a big Elvis fans. Elvis and I have a long history.

Why did you want to buy EPE? Society has changed so much over the last 10 years, principally driven by the devices we have – ipods, dvds, internet, etc. we can now deal with iconistic people. Since it’s impossible for anyone else to ever attain the heights that Elvis did, it was our desire to be associated with this kind of talent, a talent that needs no definition, explanation. I can’t say when the idea precisely came to me, but after we sold our last entertainment company, we were looking for something.

What’s your earliest memory of Elvis -

I was studying classical piano (quite good, if I must say so myself), I had no awareness of rock
and roll or of Elvis. I had my little portable radio and there was no Yankee game on. So I heard an Elvis Presley song and was taken aback. I got out of bed to have my brother listen to it. He didn’t like it but I told him he was crazy. I was captivated then – by “Hound Dog”. I know it sounds funny, but it was almost a life-changing moment.

What did you think of the Celine Dion/American Idol duet with Elvis?

Every time I see that I get goosebumps. It’s the technology I was talking about. The idea emanated from CKX. Everyone I show it to says Elvis more than holds his own with Celine’s powerful voice.

Did you see Elvis in person?

Do you own the DVDs? I saw Elvis live 5 times – in college and after college. Once in Boston, 4 times in Vegas. When I watch the concert footage I am evoking the live experiences.

Elvis Radio – what’s your favorite era and song?

No one single favorite song. It changes all the time. I listen to 13 all the time. 50s era is my favorite. In the Ghetto, Lieber and Stoller songs.

Is there going to be an EP Theme Park?

No roller coasters and ferris wheels and things like that. There will be Elvis-themed features where you can come in with themes of Elvis’ life. Interactive. We can move things out of Graceland to display them elsewhere and restore the house to its original look.

Are you a member of EI.

Yes. (He pulled out his card)
(Interview, Source: Little Suzie Q /EP Gold, Aug 2008)

Sillerman cancels Elvis Week appearance: Robert Sillerman, CKX Chairman, CEO and owner of EPE, has canceled his live appearance at the Elvis Insiders Conference during Elvis Week 2008. He now will be answering questions submitted by Elvis Insiders via video in a pre-recorded segment. The cause is said to be a scheduling conflict. (Source: Elvis Unlimited/Elvis News, Aug 2008)


How long live the King? - The future of Elvis: The July / August edition of BusinessTN magazine features Elvis on the cover with inside an article by Donnie Snow on the possible future of EPE entitled "A Little More Action".

A Little More Action: When celebrated deejay Junkie XL remixed a lesser Elvis Presley hit into a 2002 smash, it returned the long-dead king of rock 'n' roll to the spotlight of mainstream pop music. "A Little Less Conversation" was the first relevant blockbuster splash featuring Presley since before his untimely, unseemly death in 1977.

And despite an attempt by bona fide deejay royalty Paul Oakenfold to copy Junkie XL's success with a laudable yet forgettable remix of "Rubberneckin'" the following year, Presley hasn't had a new original hit since. (At press time, a remix of the Elvis classic "Baby Let's Play House" by Italian DJ Spankox was released digitally by Sony BMG Music Entertainment.)

But give the guy a break — he's been dead more than 30 years.


This August marks the 31st anniversary of Presley's passing, and since the JXL remix, the biggest U.S. headlines involving the King included Presley losing his top spot in 2006 on Forbes' morbid richest dead celebrities list to iconic grunge rocker Kurt Cobain (though he regained it the following year) and a flurry of announcements in the financial pages, beginning with the sale of his estate by daughter and sole heir Lisa Marie Presley to billionaire Wall Street wunderkind Robert F X Sillerman in 2004.


Sillerman's acquisition took the cherished "family" business public, and since then he has released several statements relating to the expansion of the Elvis brand—be it in the form of casinos and cruises or hotels and touring shows—and plans for major financial stake in the economic development of the dilapidated Whitehaven neighborhood that surrounds Graceland. With the possible exception of some of the locals who live near Graceland, most believe the brand has been under-commercialized. Lisa Marie Presley said as much when she sold the stagnating company. Sillerman, renowned for building billion-dollar media companies, can mine capital for fuel, but ultimately, it's still the world's first rock star who will power the ship, which begs the question: How long can Elvis float in the famously fickle pool of pop culture?

Fame, Fortune & the Future: Since Elvis Presley Enterprises (EPE) went public, there has been little action, despite a lot of talk (or rather, a lot of announcements), and the corporate culture around Graceland has become much less interactive with the press. (Not unexpectedly, EPE declined to participate in this story.) According to analysts, the long wait should have been anticipated. "One thing I didn't fully appreciate is the time it takes to develop the sort of large-scale projects they have planned," says Mark Argento, senior research analyst at Craig-Hallum Capital Group.

"Developing anything that can drive big revenue and big profits will take a while," he continues, pointing out that the deal Sillerman's company, CKX, is hammering out with French Canadian circus troupe Cirque du Soleil has taken more than a year. "The planning that goes into it—the lead time is significant. They expect very little increase in revenue in 2008 and 2009, with it really kicking in in 2010 and 2011."

The original deal CKX made with Lisa Marie was announced in December 2004. CKX paid $114 million for an 85% interest in Elvis Presley Enterprises. Lisa Marie, who retained the remaining 15%, was paid $50 million in cash plus $26 million in CKX common and preferred stock. CKX also paid $25 million in EPE debt. Sillerman got a 90-year lease on Graceland, rights to Elvis' name, likeness, image and trademark, publishing rights to 650 songs and royalty rights to the few songs Elvis recorded after 1973, as well as to two dozen Presley movies.

Sillerman also paid $6.5 million to Elvis' ex-wife, Priscilla Presley. Fortune reported that CKX didn't have to pay Priscilla anything, but that doing so would make her more agreeable to appearing at grand openings and the like. It seems just that Priscilla would share in the sale, given that she was among the brain trust that turned the floundering, bankrupt estate into a trailblazing company—and Graceland into the most-visited private residence in the world. Barry Ward, former general counsel to the Elvis estate, was also in that management group, which included long-time family accountant Joseph Hanks; Jim Roscoe, trust officer at the National Bank of Commerce in Memphis; and Jack Soden, hired to head EPE. Ward helped appeal a court decision that denied Presley's estate rights to the rock star's name, likeness and image. This paved the way for the creation of the Elvis Law, the groundbreaking precedent that awarded celebrity estates control of intellectual property and trademarks after death.

"From where I sit, the Sillerman acquisition helped immensely, giving the estate the capital to ratchet up to a new level," Ward says, echoing a common refrain about the deal. When announced, Lisa Marie admitted that EPE could only grow so much and that it needed a bigger player to monetize future interest in Elvis.

"That's the amazing thing about the Elvis estate: just how many things they haven't done over the past 30 years," says longtime rock critic Stan Soocher, an entertainment attorney and associate professor of music and entertainment industry studies at the University of Colorado-Denver.

Elvis is one of the few examples in pop music of a star whose fame hasn't flagged, says Soocher, who is currently finishing his book, They Fought the Law: Rock Music Goes to Court, containing coverage of Elvis Presley's estate. (The book will be published in early 2009.)

"The CKX buyout is the most important financial development in the structure of the estate since it was founded," he says.

"Elvis Presley didn't do any international tours," he continues, "and because he's been so popular in England, it seems there is a pent-up demand to exploit." Soocher has a point: Presley's re-mastered No. 1 singles, which EPE released one at a time over the last couple years, tore up the British charts, which leads Soocher to think an international virtual, multimedia tour would likely reap large revenues.

But there's much more to the Elvis brand than music.

"Rockabilly may resurge, but it's never going to be mainstream rock again," Soocher says. "This whole other level [of enterprise] is so important to maintaining the Elvis brand."

He points to the proposed casino as one aspect of enterprise, as well as Elvis-themed destination venues around the world, à la Hard Rock Café.

"Domestically, there's a ton to do" says Argento, "but internationally, the opportunity to take the Elvis brand into a foreign market could dwarf the opportunities in the U.S. Put a casino in Macau or Dubai, put a replica of Graceland in Tokyo—the opportunities are huge. It would be epic for the Elvis brand."

The Mansion that Elvis Built: No kidding. Presley's estate has already earned far more than Presley did while he was alive, but Graceland in Tokyo? What would that do to local commercial and tax revenue streams? Most, including EPE and CKX, believe expanding the brand in such a way will increase interest and revenues in Memphis. According to Fortune, Sillerman's stake in the Presley estate exceeds its worth. Yet the company has announced a commitment to developing Graceland and its 120-acre campus. Plans include building one or more hotels and developing the surrounding neighborhood to the tune of hundreds of millions of dollars—not that many checks have been written yet.

"I believe they are still gathering information on the project building specifications," says Harold B. Collins, the city councilman for Whitehaven. Collins says funds have been appropriated for improved cityscape to assist the development of a mile-plus stretch along the Brooks Road corridor, which will coincide with Memphis International Airport's ambitious "Aerotropolis" redevelopment plan.

"We're excited that they are getting ready to move on it," he says, adding that he hopes to see ground broken before the end of the year. "I think Mr. Sillerman knows how important this is to our city and is as eager to get it off the ground as we are." Well, maybe not as eager.

Last summer, news broke on a looming CKX buyout by 19X, a privately held company led by Sillerman and American Idol creator Simon Fuller (the "X" is a Sillerman signature). But in mid-May, the company lowered its buyout offer from $13.75 to $12 per CKX share. Sillerman said in a statement that the private company "remain[s] committed to completing the acquisition of CKX at a price that we believe reflects the continued outstanding performance of the company and which provides a substantial premium above the current price to the company's stockholders. [The price] also takes into account the seismic shift in the buyout world since the time we originally entered into this transaction."

The companies are reportedly working to close the deal by September.

"[The deal] should not have any effect on the economic development [in the area]," Argento says. "One of the reasons to take this private now is that it's a pretty attractive time, especially before the redevelopment gets underway. The bigger risk is the broader credit market—access to capital will probably be the bigger issue."

Most locals involved in the area's development are not giving too much thought to Graceland's goings-on; some view the Graceland makeover and build-out as only a piece of the overall vision.

"[Graceland's] development to come is part of the dynamic of building out what is currently the only fledgling Aerotropolis in the United States," says Arnold Perl, chairman of the Memphis-Shelby County Airport Authority. "When Elvis Presley Enterprises announces and develops the initiative they're working on, it will provide a significant boost to America's Aerotropolis.

There is no official word from Sillerman or local EPE officials on when Sillerman's real estate spin-off, FXRE, might commence the grand reawakening of the King. But Memphis isn't the only city laying claim to Elvis, and it isn't the only city in which Sillerman is spending money on Presley-related properties. In addition to dealings on Elvis Presley Boulevard, FXRE also has plans in the works involving several acres on Las Vegas Boulevard for a hotel and casino, as well as entertainment, retail, commercial and residential development. It would all feature Presley, perhaps in conjunction with Muhammad Ali. (Sillerman also owns 80% of Muhammad Ali Enterprises.)

Elvis: the Next Generation: But despite all the effort, there remains the question: How Long?

Elvis is undoubtedly the most parodied person in history—Google search "Elvis Tribute Artist" if you don't believe it—and his place in the record books still looms over contemporary stars. In April, at age 38, Mariah Carey finally surpassed Presley for second most No. 1 singles on Billboard with 18 (the Beatles lead with 20), and Madonna, who turns 50 in August, finally passed Presley for the most top-10 hits with 37.

But can Presley reach a new generation that has grown up with Elvis the image, not Elvis the man?

"I think the story is timeless," Ward contends. "America cast's its heroes away very begrudgingly."

For Sillerman, this likely is just the buildup before the big bonanza deal, given his modus operandi of buying media properties at low prices, maximizing the brand, packaging them and then unloading at a higher price. He did it in 1989 with radio stations, which he sold to what is now Viacom for $389 million, and again in 1997 to Hicks Muse for more than $2 billion. Three years later, he sold a bundle of concert venues to Clear Channel for $3 billion.

One can only wonder if/when he will sell EPE—and what it will look like when he does.

Soocher doesn't believe it will happen any time soon.

"You have to kind of figure out where's the sweet spot for the sale," he says. "With Ali and the Elvis estate, you would think Sillerman would want to build up the brands—and they haven't hit the ground running.

"I don't think, as an investor, you would think they would be much more valuable together than apart."

Soocher argues that a more modernizing match would be some entity from the current list of stars that appeals to the younger fan base—and that, essentially, means hip-hop. Coincidentally, Rap mogul and entrepreneur Jay-Z just signed a 360 deal with an SFX spin-off company—the concert venue company Sillerman founded before selling to Clear Channel. The deal essentially turns Jay-Z into a property for commoditization, which is what Sillerman is currently doing with Elvis Presley.

Says Soocher: "I think the younger music fans are used to seeing music come at them from all possible ways, so they don't look at that as a violation. Fans are much more accepting today."

Nevertheless, what's unique about the Presley situation is that despite being dead, he is still a towering performance figure in pop music. The Presley estate may have outgrown the man, but it can never seemingly outgrow the performer. Unlike other industry personalities whose businesses can theoretically run without his or her explicit presence—an Oprah Winfrey or even Jay-Z come to mind—can you imagine a Presley industry without Elvis in the spotlight? ( Source: BusinessTN magazine, 2 July 2008)


Robert Sillerman at Elvis Week 2008: For the first time ever, Robert F.X. Sillerman, Chairman and Chief Executive Officer of CKX Inc., parent company of Elvis Presley Enterprises will be a special guest at the 2008 Elvis Insiders Conference. Mr. Sillerman will answer questions during his segment of the conference. (Source: EPE, 25 June 2008)

Tentative Settlement Reached in Stockholder Litigation involving parent Elvis company: CKX, Inc. announced on 28 May 2008 that its Board of Directors has reached an agreement in connection with the revised acquisition proposal made by 19X, Inc., on May12, 2008, to modify certain terms of the pending agreement to acquire CKX. As previously disclosed by CKX, the sale of CKX will be accomplished through a merger with 19X, Inc., a private company owned and controlled by Robert F.X. Sillerman, Chairman and Chief Executive Officer of CKX, and Simon R. Fuller, a director of CKX and the Chief Executive Officer of 19 Entertainment Limited, a wholly-owned subsidiary of CKX. The revised terms, which are listed below, were reached following extensive negotiations among a Special Committee comprised of independent directors and representatives of 19X. The agreed upon terms which have been approved by the Company's Board of Directors are reflected in an amendment to the merger agreement, the management cooperation agreement and a tentative settlement of the outstanding litigation.

The revised terms include the following:

    -- 19X will pay each CKX stockholder $12.00 per share in cash;

    -- The outside deadline for closing the transaction has been extended to October 31, 2008;

    -- 19X has agreed to increase the break-up fee payable to CKX in the event that the merger is not completed by the new outside deadline by offering an additional $500,000 payable in cash, and by reducing the value of the stock, if any, used to pay the initial $37 million fee from $12.00 to $11.08 per share. As a result of the reduction in the attributed stock price, Mr. Sillerman, on behalf of 19X, would pay to CKX approximately 256,016 additional CKX shares as part of the break-up fee if 19X elected to pay in shares;

    -- Stockholders holding at least 73% of CKX's outstanding shares must vote in favor of the deal for the deal to be approved rather than 50%, as provided in the original transaction; and

    -- CKX will conduct a new "go shop" period that will last not less than 45 and no more than 60 days, during which time the Special Committee, through its financial advisor, will actively solicit superior offers for the Company.

In addition, certain members of CKX management, including, among others, Messrs. Sillerman and Fuller, have agreed that if a superior proposal is made to CKX for a price greater than $12.00 per share, such management stockholders will pass along the amount in excess of $12.00 to all other CKX stockholders until the other CKX stockholders have received $13.25 per share, at which point those members of CKX management and the other CKX stockholders would share equally in any further excess amounts.

By way of example, if a third party were to offer $12.50 for the Company, each management stockholder would continue to receive $12.00 per share, and the total amount above $12.00 that otherwise would have gone to such individuals ($0.50 per share) would be added to the $12.50 being received by the public stockholders.

Commenting on the series of transactions, Mr. Sillerman said, "Simon and I are pleased that, in this climate of market turmoil, we have agreed with the CKX Special Committee and with the plaintiffs in the current stockholder litigation to a revised transaction that delivers significant value to the CKX stockholders and provides for greater certainty of closing. We will press forward to a swift closing of the transaction and beginning CKX's future as a private company."

A memorandum of understanding has been signed by the Company and plaintiff's counsel in the pending Del Shareholders lawsuit challenging the transaction reflecting the tentative settlement agreement and memorializing the terms described above. While the settlement remains subject to court approval, these terms are now definitively part of the transaction and represent the final terms, regardless of whether the settlement is ultimately finalized.

For more detailed information please see our Current Report on Form 8-K, which was filed today and may be obtained at the Company's website at
http://www.ckx.com as well as at the SEC's web site at http://www.sec.gov.

About CKX, Inc.: CKX, Inc. is engaged in the ownership, development and commercial utilization of entertainment content. To date, the Company has focused on acquiring globally recognized entertainment content and related assets, including the rights to the name, image and likeness of Elvis Presley, the operations of Graceland, the rights to the name, image and likeness of Muhammad Ali and proprietary rights to the IDOLS television brand, including the American Idol series in the United States and local
adaptations of the IDOLS television show format which, collectively, air in over 100 countries around the world. On June 1, 2007, CKX entered into a merger agreement with 19X, Inc., a private company owned and controlled by Mr. Sillerman, Chairman and Chief Executive Officer of CKX, and Simon R. Fuller, a director of CKX and the Chief Executive Officer of 19 Entertainment Limited, a wholly-owned subsidiary of CKX, that will result in the sale of CKX to 19X. For more information about CKX, Inc., visit its corporate website at http://www.ckx.com.

This communication is being made in respect of the proposed merger transaction involving CKX and 19X. In connection with the proposed merger, CKX will file with the Securities and Exchange Commission (SEC) a proxy statement and a Rule 13e-3 transaction statement on Schedule 13e-3. BEFORE MAKING A VOTING DECISION ABOUT THE PROPOSED TRANSACTION INVESTORS AND SECURITY HOLDERS ARE STRONGLY ADVISED TO READ THE PROXY STATEMENT, THE SCHEDULE 13e-3 AND OTHER RELEVANT DOCUMENTS WHEN THEY BECOME AVAILABLE, BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION ABOUT THE PROPOSED TRANSACTION. Investors and security holders may obtain a free copy of the proxy statement, the Schedule 13e-3 and other documents filed by CKX (when available) at the SEC's Web site at http://www.sec.gov. The proxy statement, the Schedule 13e-3 and such other documents may also be obtained for free by directing such request to CKX, Inc. Investor Relations, 650 Madison Avenue, New York, New York 10022 or on the Company's website at http://www.ckx.com.

CKX and its directors, executive officers and certain other members of its management and employees may be deemed to be participants in the solicitation of proxies from its stockholders in connection with the proposed merger. Information regarding the interests of the CKX's participants in the solicitation will be included in the proxy statement relating to the proposed merger when it becomes available. (Source: CKX/Charmaine Voisine)


Dead Elvis set to generate $189M in revenues by 2013: You don't often get to read SEC documents guesstimating how much money a dead idol will make in the future. But today's our lucky day: Witness this filing from CKX, which owns an 85% stake in Elvis Presley Enterprises -- basically the rights to run Graceland and license the King's name. Not included: The rights to sell most of Elvis' actual music.

But even without the ability to sell his songs, CKX says Elvis will generate $68.8 million for them this year. Not bad for a guy who died in 1977. But the future looks even brighter: CKX says that Elvis hotels, casinos and other projects will bump that number up to $189 million by 2013. Which makes Frank Sinatra's $50 million payday last year look like bupkis. (Sale of EPE, Source: Peter Kakka, Silicon Valley Insider)

EIN Comment: The $50m payment to the Sinatra Estate gives the late crooner inside running to top the next Forbes Annual List of Top Earning Dead Celebrities. It is likely EPE's revenues will fall after the ultra successful 30th anniversary year in 2007. (7 March 2008)


EPE files on trademark: On February 12, 2008, Elvis Presley Enterprises filed to protect the trademark The Elvis Las Vegas and The E Las Vegas in relation to goods and services in three categories:

“real estate services for residential apartments, condominiums and retail establishments” “casino, golf course, sporting events and entertainment services, namely, live performances featuring musicians music and singers, prerecorded music and video, dancers, magicians, actors, acrobats and comedians” and…

“resort hotel, hotel, restaurant, bar, lounge services, arena services, namely providing facilities for sports, concerts, theater, conventions and exhibition; providing theme park services; cafes; cafeterias; catering; child care; cocktail lounge buffets; cocktail lounges; hotel services for preferred customers; spa services; providing banquet and social function facilities for special occasions; providing convention facilities; providing facilities for exhibitions; snack bars”.

The majority of Elvis Presley Enterprises (85%) is owned by CKX, Inc., owner of 19 Entertainment, creator of American Idol. CKX Chairman Bob Sillerman announced plans in 2006 to turn Graceland and the surrounding areas into an international tourist destination and double the 600,000 annual visitors. Sillerman has stated that a new hotel is a possible component to these plans.

Mork wonders if The Elvis Las Vegas will be in Memphis in the area around Graceland, or if Elvis Presley Enterprises is actually planning a resort hotel in Las Vegas. In any case, you can go home now. Mork has just left the building.

Click Here for more detailed informattion: http://www.trademork.com/the-elvis-las-vegas
(Sale of EPE Archives, Source: www.trademork.com  /  www.epgold.com)


EPE buys Whitehaven Multifamily: Elvis Presley Enterprises Inc. purchased 1032 Craft Road in Whitehaven for nearly $1.58 million from Michael E. Reed. EPE purchased the property as part of its $250 million redevelopment of the Graceland visitor center. The property at 1032 Craft Road is an apartment building on 5 acres. EPE purchased the property for its land value and will tear down the 88-unit apartment building that was built in 1963. The land sold for about $315,000 per acre.

EPE’s parent company, CKX, plans to own more than 105 acres that surround Graceland. It plans to build new hotels and improve the public spaces around Graceland. For instance, the existing 128-room Heartbreak Hotel will be raised and in its place will be a much larger convention hotel on the Graceland side of Elvis Presley Boulevard. Furthermore, the existing visitor center will be raised and replaced with one seven times the size of Graceland. (8 Feb 2008)


EPE acquisitions around Graceland: Elvis World's Bill E. Burk reports: EPE continues buying up every inch of land within sight of Graceland.  Last two purchases have been apartment complexes on the hill behind the shops, giving Graceland now over 100 acres in the area  -- bigger than the Memphis Zoo!  ALL of announced plans have "Elvis"connected things (hotel<s>, restaurants, shops, visitors center, parking) being re-located to the east side of EP Blvd., leaving a vast amount of acreage on the west side unannounced.  The name "Disney" keeps getting mentioned more and more and time passes. 

Until EPE gets its hands on the Boulevard Souvenirs property, don't expect a lot of work to get started on the east side ... but 2009 seems to be the target date for opening all these things. (5 Feb 2008)

The Magic of Elvis 'still growing': EPE had its "biggest year ever" in 2007, according to EPE director of marketing Scott Williams. What made 2007 stand out, Williams said, was the successful brand partnerships like the partnership with Reese's for a Collector Edition Peanut Butter & Banana Creme version of its peanut butter cup. Other successful partnerships in 2007 included Harley-Davidson, Budweiser, Sports Illustrated, Tennessee Tourism and American Idol. Another standout partnership, according to Williams, was with NASCAR and Dale Earnhardt Jr. "The only fans I can think of who are bigger than Elvis fans are NASCAR fans," Williams said with a quick laugh.
The Ultimate ETA Contest, of which Tupelo hosted one of the preliminary rounds, contributed to the year's success as well. Tupelo, being the birthplace of Elvis, was selected again to host a preliminary round at the Tupelo Elvis Festival June 6-8. Williams said EPE used Tupelo last year as the model for a lot of the smaller towns that were hosting qualifying rounds. Business also was good at Graceland
and the surrounding properties in Memphis. Williams said about 600,000 people buy a ticket to tour the house each year, and another several thousand visit just to shop or do the free walk-up to the house.
And Williams said he only expects business in the Elvis world to get better.
"The magic of Elvis is still growing as more younger fans discover Elvis," he said. About one-third of visitors to Graceland are younger than 34 and 75 percent of Graceland tourists are visiting for the first time. "According to all of our research, it's growing and growing," he said. EPE's goal is to "preserve, protect and enhance the legacy of Elvis" - but EIN is not sure how Peanut Butter & Banana Creme bars or rubber ducks achieve that! EPE is a subsidiary of CKX Inc. a publicly traded company that also includes American Idol and Muhammad Ali. Go here to our EIN Spotlight on CKX and the sale of EPE. (News, Source;EIN/DailyJournal, Feb 2008)

Disneyland type theme park for Graceland?: Elvis World's Bill E. Burk advises:

'EPE just paid $2.5 million to buy the Royal Oaks apartments on Craft Road, just west of EP Blvd. in Memphis (sitting atop the hill behind the shops).

Though EPE has been extremely tight-lipped about the word "Disney," (see EW86) . . . in announcing the news, the TV dude said "Graceland is planning to build a Disney-like theme park in the area."
 
In Elvis World #86, we pointed out that most (if not all) the major Elvis things are being re-located on the east (mansion) side of EP Blvd., which would leave all those scores of acres on the west side completely open for something like a Disney development. EW86 informed you there have been "talks" between EPE and Disney.
 
OUR QUESTION TO YOU IS (and get your answers back to us via e-mail soon as you can and be as verbose as you wish):
 
How do YOU feel about a Disney-like park being built in the Graceland area?  Do you think it will bring in new Elvis fans? Add to the Graceland experience? Or subtract from it?  Given all those acres on the west side of EP ... what would YOU like to see placed  over there?
 

Waiting to hear from y'all on this.' (Source: Bill E. Burk, 23 Jan 2008)

Visit Bill E. Burk's Elvis World Online


EPE buys Royal Oaks: Elvis Presley Enterprises Inc. has bought the Royal Oaks Apartments at 1032 Craft Road from Michael E. Reed for $1.6 million.

The Royal Oaks is a 13-building apartment complex built in 1963. The complex has about 80 units and sits on a 5.2-acre lot on the north side of Craft Road west of Elvis Presley Boulevard.

No one answered a phone number for the apartments; an answering machine states it is the number for MBM Properties. Representatives from EPE were not available for comment by press time.

Nearly two years ago, New York-based CKX acquired an 85 percent stake in EPE, with Lisa Marie Presley retaining 15 percent interest. CKX recently announced a $250 million plan to develop Graceland into a tourism development zone centered on Graceland and spreading to surrounding property.

The plan calls for "building an expanded visitors center, developing new attractions and merchandising shops and building a boutique convention hotel," CKX management wrote in the company's most recent annual report.
(19 Jan 2008)


FXRE to have major say in EPE redevelopment plans: FX Real Estate and Entertainment Inc. ("FXRE") announced today that Robert F.X. Sillerman and Barry Shier are joining the Company's senior management team, with Mr. Sillerman to serve as Chairman and Chief Executive Officer, and Mr. Shier to serve as Chief Operating Officer.

This will be the seventh public company built and run by Mr. Sillerman, adding to the list of six prior successful ventures, including CKX, Inc. (NASDAQ:CKXE), where he continues to serve as Chairman and Chief Executive Officer. Mr. Sillerman has also successfully developed a number of real estate projects, including, most recently, the Temenos Anguilla resort.

Mr. Shier has had a long and prominent career in the hotel and gaming industry, having spent more than 15 years with Mirage Resorts Inc. He most recently served as Chairman and Chief Executive Officer of Golden Nugget Las Vegas Corporation, and Chairman of the Board and Chief Executive Officer of Beau Rivage Resort and Casino in Biloxi, Mississippi.

FXRE is an entertainment-oriented real estate development company with a plan to pursue real estate and entertainment-based projects and attractions throughout the world. The Company owns 17.72 contiguous acres of land located at the southeast corner of Las Vegas Boulevard and Harmon Avenue in Las Vegas, Nevada, known as the Park Central Property. FXRE has licensed from Elvis Presley Enterprises, Inc., and Muhammad Ali Enterprises LLC, the right it to use the intellectual property and certain other assets associated with Elvis Presley and Muhammad Ali in the development of its real estate and other entertainment attraction-based projects. FXRE currently anticipates that the development of the Park Central Property will involve multiple elements that incorporate the Elvis Presley assets and theming.

FXRE also expects to play a major role in Elvis Presley Enterprises' plans to redevelop and expand the Graceland attraction as the centerpiece of the Whitehaven section of Memphis, Tennessee. The master plan for this redevelopment incorporates approximately 100 acres surrounding and contiguous to the Graceland mansion property and is expected to include a new visitor center, exhibition space, retail, hotel, convention facilities, public open space and parking on both sides of Elvis Presley Boulevard.

FXRE will develop up to three hotels to be built as part of the Graceland master plan. In the event that the hotel complexes to be developed by the Company become a larger element of the overall project, including becoming more integrated into the visitor and mansion experience, FXRE may expand its relationship with Elvis Presley Enterprises to assume a larger role in the overall development.

"I am enormously excited by the opportunity to further enhance the legacies of Elvis Presley and Muhammad Ali through the development of our planned real estate-based projects," said Mr. Sillerman. "I know Barry shares my vision of the opportunities available to us in Las Vegas, Memphis and worldwide and I look forward to working with him to realize our shared vision for the company."
(Source: News Observer, 11 Jan 2007)

2007

Sillerman company declares distribution of shares date: CKX, Inc. (Nasdaq: CKXE), announced today that it had set the record date for the distribution of shares of FX Real Estate and Entertainment Inc. stock to the CKX stockholders as December 31, 2007. Stockholders of CKX will receive, on the date the distribution is made, two shares of common stock of FX Real Estate and Entertainment for every ten shares of common or preferred stock of CKX that they own as of December 31st.

FX Real Estate and Entertainment has filed a registration statement with the Securities and Exchange Commission to register the shares to be distributed. The distribution will take place as soon as is commercially practicable after the date on which the registration statement is declared effective by the SEC.

The distribution of shares in FX Real Estate and Entertainment is intended to give CKX stockholders an interest in FXRE's location-based exploitation of CKX's Elvis Presley and Muhammad Ali assets pursuant to the terms of FXRE's license agreements with CKX and its subsidiaries.

For more detailed information please see our Current Report on Form 8-K, which was filed today and may be obtained at the Company's website at www.ckx.com as well as at the SEC's web site at www.sec.gov. (Source: Fox Business, 22 Dec 2007)


Graceland zoning issue deferred: Memphis City Council members will attend three more meetings together before most of them leave office at the end of the year. As their terms draw to a close, an agenda set by council chairman Tom Marshall back in September is shaping much of the last-minute business the council is pursuing.

It's also creating a to-do list that will require action after the New Year. Marshall originally had drawn up an 11-point action plan to guide the current council's final days. One of those 11 tasks had called for the council quickly scheduling a vote to approve a rezoning request needed as part of the large-scale redevelopment of Graceland, the famous home of Elvis Presley, along with the neighborhood around it.

That item has been punted down the road for the new council to address.

"The Graceland rezoning application just couldn't make it, because it came down to a matter of timing," Marshall said, referring to the fact that council ordinances must be voted on three times. "They simply couldn't make application in time in order for this council to go through three readings.

"So instead of jeopardizing that huge financial initiative with two readings before one council and then another reading before a new council, they've elected to start their initial presentation to the new council," he said, "which I actually recommended to them to do."

'Tremendous' but close to the vest: As far as what that presentation will consist of or the details surrounding the need for that rezoning, Marshall isn't saying. Whatever they are, Elvis Presley Enterprises - the corporation that officially conducts and manages Elvis-related business - apparently intends to make a big announcement about the effort soon.

"I can't tell you specifically what they'll be doing," Marshall said. "But I can tell you in very large and general terms that they are going to be pursuing a tremendous, unprecedented financial infusion to the current Graceland site. And they're going to be requiring council action to make it a reality. That action will include zoning and other potential community enhancement initiatives."

The most recent annual report of CKX Inc., which acquired an 85 percent ownership stake in EPE in February 2005, hints at what those efforts entail. Company officials already have held several meetings with local government officials in Memphis about revamping Graceland.

That redevelopment effort includes "building an expanded visitors center, developing new attractions and merchandising shops and building a boutique convention hotel," CKX management writes in the annual report. "This project is conditioned on a number of factors including obtaining necessary approvals and concessions from local and state authorities and attracting an appropriate hotel partner." ( Source: Andy Meek, Memphis Daily News/Charmaine Voisine, 22 nov 2007)


B & K Enterprises Announces Exclusive Partnership with Elvis Presley Enterprises to Produce Authentic Replicas of Elvis Famed Jumpsuits and Stage Costumes: For the first time ever, Elvis Presley Enterprises, Inc. (EPE) has licensed a company to create replicas of Elvis iconic jumpsuits. B & K Enterprises, known internationally for its attention to detail in the creation of authentic replica jumpsuits worn by the King of Rock and Roll, has signed a formal licensing partnership with EPE.

B & K has exclusive rights to manufacture these replicas, originally designed and produced by Bill Belew and Gene Doucette in the 1970s. Many of the original jumpsuits worn by Elvis in concert are currently on display at Graceland. Doucette remains involved with B & K in the creative process by producing the embroidery work on the costumes using original patterns and designs.

 

B & K has produced jumpsuit costumes for numerous films, television shows and print campaigns, including Disneys recent release The Game Plan, the 2001 film, 3000 Miles to Graceland and the November 2007 cover of Conde Nasts new magazine Movies Rock, featuring Bill Murray in an Elvis jumpsuit. The designs have also become popular with celebrity clients, including John Mellencamp and Madonna. EPEs first-ever and highly successful Ultimate Elvis Tribute Artist Contest held in August of this year featured many of the contestants performing in B & K costumes including the winner, Shawn Klush (see picture above).

The family-owned business headquartered in Charlestown, IN, is one of the premier full-service custom costume shops in the world and produces costumes for stage and screen in addition to Elvis jumpsuit replicas. Butch Polston, owner of B & K Enterprises says, This is more than a business, its a passion. Im a lifelong Elvis fan and his jumpsuits are pieces of art to me. The costumes personified Elvis' larger than life image as a music artist, its an honor to create these costumes with EPEs stamp of approval.

In addition to replicas of Elvis stage wear, B & K offers a line of shirts, vests, belts, jackets, casual wear, jewelry, all authentic replicas of clothing worn by Elvis Presley. Consumers of B & Ks products include Elvis Presley tribute artists, music memorabilia collectors, Elvis fans and various celebrities. (News, Source: Business Wire, 15 Nov 2007)


Elvis regains #1 spot as top earning deceased celebrity: For the sixth time in 7 years Elvis tops the Forbes magazine list of top earning deceased celebrities.

The Elvis Estate earned an estimated US$49m in the year ending 30 September 2007.

In second spot was John Lennon. Last years top earning deceased celebrity, Kurt Cobain, dropped off the list. (News, Source: Forbes)

Read full article


The beat goes on - battle continues between EPE & area retailer (see earlier stories May 2007 below): A little more than a year ago, a representative of Elvis Presley Enterprises Inc. floated a business proposition to Rick Roberts, the owner of a one-story brick storefront a few steps from Graceland.

The offer reportedly involved buying Roberts' Elvis-themed gift shop Boulevard Souvenirs for about $350,000 and assuming the 13 years remaining on its lease.

Roberts, who developed his independent retail operation at 3706 Elvis Presley Blvd. on land that once was the site of a car repair shop, turned down the request to sell.

The store currently is stocked from front to back with trinkets such as old newspapers, T-shirts and mugs, and it grosses about $1 million a year.

 

But EPE didn't stop there, Roberts' attorney argues in a lawsuit filed earlier this year in U.S. District Court for the Western District of Tennessee. The corporation that officially conducts and manages Elvis-related business recently tweaked the licensing agreements it has in place with merchandise vendors. CKX Inc. and Robert F.X. Sillerman, which acquired an 85 percent ownership of Elvis Presley Enterprises in February 2005, were not named in the lawsuit.

License needed: A change that was inserted now prohibits vendors from selling their Elvis wares to unauthorized retailers within a 5-mile radius of Graceland.

"Well, guess who's within a 5-mile radius of Graceland?" said Randy Songstad, the attorney representing Boulevard Souvenirs. "So the vendors said, 'Hey, you can't do that, they do a lot of money with us.' "And (EPE) said, 'If you sell to them, we'll take your license.' So the vendors called us up, one by one, and said, 'It's killing us, but we can't sell to you.'"

Earlier this month, one of the federal claims filed on behalf of Boulevard Souvenirs - a claim that EPE and vice president of international licensing Carol Butler were conspiring to eliminate all independently owned retail competitors near Graceland - was dismissed. Why the conspiracy claim wasn't successful is that under the Sherman Antitrust Act of 1890, a conspiracy involving a business and an employee can't technically be viewed as a conspiracy. A business, in other words, can't conspire with itself.

EPE did not respond to requests for an interview and stated in a previous e-mailed response that no comment would be forthcoming. In a motion to dismiss the claims against EPE, Glankler Brown PLLC attorney William Bradley Jr. wrote that the effort was made to amend the vendor license agreements partly in response to an uptick in the proliferation of bootlegged Elvis merchandise around Graceland.

"EPE does not want its 'genuine' merchandise sold in a place where bootleg or unauthorized merchandise is also sold," he wrote. EPE has in place more than 200 license agreements with licensees that either manufacture or authorize the manufacture of Elvis-themed collectibles and souvenirs.

Big year for business: Graceland, the late singer's famous mansion home, is a tourist mecca that averages about 566,000 visitors each year. Across the street from Graceland sits Graceland Plaza, where EPE operates a number of Elvis-themed museums and attractions and sells related merchandise.

This year has been an important year for both EPE and Boulevard Souvenirs, in that it marks the 30th anniversary of the singer's death. Throughout the anniversary year, tourists are expected to descend in droves on the commercial pocket of Whitehaven surrounding Graceland.

Boulevard Souvenirs also expected to see an increase in sales this year, according to court documents. Underneath the gift shop's store logo on the sign that's passed by swarms of daily tourists are the words "The Beat Goes On."

"If you don't have official EPE merchandise, you get people who come to town, that's what they want - you don't have it, they don't buy from you," Songstad said. "So it's a huge deal in our industry to be able to buy officially licensed Elvis Presley merchandise."

Boulevard Souvenirs is preparing its next move in the court action over what EPE sees as an assertion of more control over its signature product line and what the small store sees as a bid by EPE to shut it out of the marketplace inappropriately. Songstad declined to specify what legal options remain available, but insisted the recent dismissal of the conspiracy claim did not close the book on Boulevard's case. (Sale of EPE, Source: Andy Meek, The Daily News, 26 Oct 2007)


Elvis still big business: Even from beyond the grave, Elvis Presley still generates big bucks. That was even truer on the anniversary of his death last month.

Fans from Europe, Asia, Australia, South America - and even from exotic locales like Kansas - spent their hard-earned money for T-shirts, coffee mugs, salt and pepper shakers, refrigerator magnets and other trinkets during the events commemorating his death 30 years ago.

Many made the 110-mile trek from Memphis, Tenn., where the King of Rock 'n' Roll enjoyed his fame and gaudy fortune in Graceland, to Tupelo, the northeast Mississippi city where Elvis came into the world on Jan. 8, 1935, in a tiny shotgun shack built by his father. They also filled hotel rooms as far away as northwest Mississippi's casino row in Tunica and spent money on meals, rental cars and gasoline, giving a significant, although difficult to quantify, boost to the area's economy.

Dick Guyton, executive director of the Elvis Presley Memorial Foundation in Tupelo, estimated that fans spent hundreds of thousands of dollars there and at area hotels and stores this week, which is the busiest of the year for Elvis tourism.

The more lucrative earnings were in Memphis. Last year, Graceland took in $27 million in revenue, and the overall Elvis business brings in more than $40 million a year for CKX Inc., the New York-based company that controls most Elvis enterprises. ...

In Memphis on Aug. 15, thousands of Presley fans braved 105-degree heat as they wound down Graceland's driveway in a graveside procession in advance of the 30th anniversary of the singer's death Aug. 16.

The heat led to the death of a fan from New Jersey, a 67-year-old woman. The Memphis Fire Department said it also treated at least six people overcome by heat, including an 8-year-old boy who was hospitalized.
(Source: AP/Presleys in the Press)


Don't step on Elvis! #1: No matter how un-logical EPE’s vision on Elvis merchandise may be, the company has and will always have the last word on Elvis related products. The Belgian wholesale company Sogilo discovered that the hard way. Sogilo had applied for the licensing of a series of Elvis products, including bathroom carpets.

The first contacts via email were very promising for the Belgian company, although every email stated that EPE will have the final approval, before the products are commercially released. Sogilo also got permission to develop a few demonstration models. It was then, when EPE put their foot down and said “no” to the bathroom-carpet with Elvis’s picture and name. According to their lawyer, the company will never allow products with Elvis’s likeness that can be stepped on.

The Belgian judge noted in his decision that EPE has a “difficult to understand” logic regarding Elvis related merchandise, but accepted the fact that the “heirs of Elvis” have the right to reject merchandise that doesn’t meet the guide lines of the company. Therefore, the bathroom carpet cannot be produced.

The Belgian company is not planning to put the case to rest. It believes that EPE has broken an pre-contractual agreement and appeals the decision. To be continued.

Below is Patricia Cappuyns's version of the judgement. Cappuyns represented Elvis Presley Enterprises.

In a judgment handed down on 26 March 2007, the Commercial Court of Dendermonde in Belgium clarified the intellectual property owner's prerogative to decide how his lP is to he used.

Belgian rug manufacturer and licensee candidate, Sogilo, entered into license negotiations with Elvis Presley Enterprises (EPE) through EPE's Benelux agent. The negotiations centred on the production of household goods bearing the likeness of Elvis and Elvis-related trade marks.

The agent made it clear from the beginning of the negotiations that everything discussed was subject to the approval of EPE. It was also made clear to Sogilo that the first step of the license negotiations consisted of completing a Business Proposal which would subsequently be submitted for EPE's approval.

Only after approval hy EPE of the Business Proposal could a formal agreement be entered into.

Under EPE's conditions, licensed products can only be brought to market once a formal agreement is signed and the various product approval procedures provided in it are complied with. Any product that does not follow the various stages of the approval procedure is immediately removed from the market.

Pending the license negotiations, EPE approved some products for the sole purpose of showing them at a trade fair in January 2002. Approval for a number of other products, such as bath mats and rugs, was withheld because EPE ohjected to any use that would entail stepping on the face of Elvis. However, unknown to EPE, Sogilo had already entered into agreements with its customers for products that had either not been approved, or that had only been approved for use at the trade fair.

When, finally, no license agreement was concluded and Sogilo had no Elvis products to deliver to its customers, Sogilo allegedly suffered lost profits and damage to its commercial reputation. The company then filed a claim for over €400,OOO (approximately US$537,000) in damages against EPE and its Benelux agent on the basis of contractual and pre-contractual liability. The basis of Sogilo's argument was that EPE did not communicate their disapproval of the use of Elvis' likeness on the rugs until the end of December 2001, by which time Sogilo had already started production of samples and was marketing them to its customers.

In the 26 March 2007 judgment, the Commercial Court of Dendermonde held that no contractual or pre-contractual fault had been committed by EPE or its agent, and dismissed Sogilo's claims.

The Court confirmed that it is the right holder's prerogative to exercise control over how his protected property is to be used by a (potential) licensee, especially if it was made clear to the (potential) licensee from the beginning of the negotiations that the right holder intended to exercise such control.

It had been made clear to Sogilo that any negotiations with the agent were subject to EPE's approval and every detail of the use of the images of Elvis Presley was subject to formal approval hy EPE. Although no licensing agreement was ever concluded between Sogilo and EPE it was made clear from the beginning that any products that were not formally approved by EPE in the pre-production stage would be removed from the market.

The Court concluded that Sogilo should have known that it was taking a considerable risk in giving instructions to third parties without having fust obtained formal approval on every detail from EPE. Sogilo's claim for damages was therefore dismissed. The judgment is still subject to appeal. see next story (Source: Elvis Matters, 2 Sep 2007) 


Don't step on Elvis! (#2): In response to the foregoing report Elvis Express Radio has rightly drawn attention to the following products already licensed by EPE:

ELVIS SHOES or FLIP-FLOPS where you tread on his likeness and then pound the streets with his face on the soles.....or An Elvis chair where you can SIT on his face (yep, that rug looks degrading to his image now?)....Hey, why not a trash can so you can throw all your crap away IN Elvis....Last but not least the Elvis throw, which of course many fans also use as A RUG!!!!!!!! ( Source: Elvis Express Radio, 2 Sep 2007)


Graceland expansion blog (1 Sep 2007)


EPE warned about ETAs contest:  A high-ranking official with RCA/BMG records has twice told Elvis World, in private, that in a planning session with EPE for Elvis Week 2007, the record company strongly advised against EPE starting its own Elvis impersonator contest.

"We told them that if they got into the impersonator (ETA) business, all the press would flock to the Elvis look-alikes and would forget everything else. When they insisted they push ahead, we (RCA/BMG) felt like we didn't want to come out with some special release for the 30th anniversary because it would get lost in all the hoopla the press would be giving to the impersonators."
 
WELL, FOLKS, the warning has proven true!  You don't pick up a local Memphis newspaper, or turn on a local TV channel, without seeing Elvis impersonators everywhere you look.
 
They're everywhere! They're everywhere!
 
And, of course, media cameras always seek out the heaviest-set, ugliest ones with the worst looking sideburns.  One on TV last night sang a few bars of an Elvis song and I felt my TV screen was going to shatter! Even at the new Elvis Expo at the Cook Convention Center downtown, they are there entertaining and there's even an Elvis karaoke which attracts them like flies to a dumpster !
 
SO ... RCA/BMG seems to have known what it was talking about.
 
The new Elvis Expo has dealer tables covering over 35,000 square feet of space.  Heretofore, dealers have been limited to independent productions at the Clarion Hotel and Airport Inn.  Now, with the advent of Elvis Expo, we'd venture to say the independent Elvis "conventions" may soon be a thing of the past.
 
ONE WORD can be used to describe Elvis Week 2007: Commercialism! Or maybe two words: ELVIS COMMERCIALISM !!
 
And this is nothing but a preview of what is to come. Whereas the independent dealers' "Elvis conventions" cost $2 at the door; the Elvis Expo charges $15.  And being downtown, add another $10 or so for parking. (Source: Bill E. Burk, Aug 2007)

Graceland welcomes the impersonators - a sign of the new Elvis world: Viewed for years by the gatekeepers to Elvis Presley's Graceland with a mixture of resigned bemusement and outright disgust, impersonators of the King finally have their first chance to participate in an officially sanctioned tribute to the rock legend.

Managers of Presley's home in Memphis plan to anoint their first-ever official Elvis "tribute artist" on Friday, near the end of a week of events commemorating the 30th anniversary of Presley's death on Aug. 16, 1977. Elvis died at 42 of heart disease worsened by drug abuse.

The rules are simple: Nothing tacky or kitschy, and no ridiculous spoof. The contest judges will be looking for sincerity and respect — even if it is accompanied by karate moves, black pompadours and rhinestone jumpsuits.

"It's all about paying tribute to the life and legacy of Elvis," said Paul Jankowski, marketing chief for Elvis Presley Enterprises Inc., the company that operates Graceland and its sprawling tourist complex.

The "Ultimate Elvis" search has been under way since March with a series of preliminary contests around the world. Twenty-four contestants made it to Memphis, but 14 were eliminated Sunday in a final qualifier.

The decision to hold the contest follows a change of heart by Elvis Presley Enterprises after its sale two years ago to CKX Inc., which also owns the "American Idol" TV show.

"There are competitions all over the world and they're all fantastic, but to have one run by Elvis Presley Enterprises is something special," said Paul Larcombe, a professional tribute artist from Crewe, England, and one of 10 finalists for the Graceland crown.

Unofficial Elvis impersonator contests, with performers ranging from the ridiculous to the reverential, are held around the globe, drawing participants of all sizes, shapes, ethnicity and ages. There are even female Elvises. But for the serious tribute artists, some of whom make a living copying the King, winning the official Graceland title, or just getting to the finals, may be rewarding. (Source: AP, 14 Aug 2007)


The man who owns Elvis: Elvis Presley was the king — rock's first icon. A hip-swiveling heartthrob with more hit records than anyone in history. Thirty years after his death, Elvis is still idolized. So what is that name worth now?

To Bob Sillerman, who bought the king's name and likeness, it was worth $114 million. That's what his company, CKX, paid for Elvis Presley enterprises two years ago. Elvis' music was not part of the deal. he sold most of his hits back to his label before his death. but the family sold 85 percent of everything else and his ex-wife Priscilla Presley says it wasn't an easy decision.

"Absolutely. I mean I'm not gonna lie. It's pretty frightening when, you know, you've been a private company for all these years," she told Sunday Morning correspondent Anthony Mason. "You know and you're the boss."

But Priscilla, the mother of his only child, Lisa Marie, says the family business needed an investor to expand. And Sillerman was just the man to do it.

"He just got it," she said. "You know there is no other company like his company."

His company also owns the "American Idol' franchise, which Sillerman bought for $175 million. Then last year he added "the greatest of all time" to his roster of icons, buying rights to Muhammad Ali's name for another $50 million. A Bronx born billionaire, Sillerman made his fortune in radio and the concert promotion business. Now he sees Elvis as an under developed asset. On his corporate jet, Mason flew with him to Memphis to tour Graceland, the 13 acre estate where Elvis lived with Priscilla and Lisa Marie. Sillerman said he doesn't feel like he owns Graceland

"It's still their home," he said. "I don't think you can own something that's as big as Elvis Presley. I think I feel a sense of stewardship. But not ownership."

Each year, 600,000 people file through Graceland. Sillerman believes he can double that number

"So many people want to come to Graceland because they want to celebrate his life," Sillerman said. "You know 40 percent of our visitors are unaccompanied kids under the age of 35. It tells you that it does get passed down."

He wants to move the visitor center which sits on the other side of Elvis Presley boulevard and put it next to Graceland. The heartbreak hotel will be torn down to make way for two bigger hotels. In the entire complex that takes up 25 acres will grow to more than 100 acres. At the same time Sillerman is working with Cirque du Soleil to create a permanent Elvis show for Las Vegas and traveling shows that could tour the world.

"China is so big it could probably support a touring show forever," Sillerman said. "We're all thrilled about it. We think it's a whole other take on Elvis," Priscilla Presley said. "I think he would absolutely love it."

"If the Cirque du Soleil numbers hold true for Elvis, as they have for every one of their other shows, we're in a position to be making 100 million dollars a year in a few years," Sillerman said. "You know, that's a no-brainer."

Starting with a single small town radio station. Now Sillerman's the man who bought "American Idol," Ali and Elvis.

"Look at what Bobby Sillerman from the Bronx has — God Bless America," Sillerman said. (Sale of EPE Archives, Source: CBS News, 18 July 2007)


Elvis Still Selling Elvis Best: Ever wonder how the marketing minds at Elvis Presley Enterprises keep the king's pop culture reign going nearly 30 years after his death?

"We just answer the phone," said Scott Williams, EPE marketing and communications director, in a presentation Wednesday to the Public Relations Society of America's Memphis chapter.

There is, of course, more than that to creating all those tie-ins -- Elvis and Budweiser, Elvis and Harley-Davidson, an all-Elvis channel on Sirius Satellite Radio-- that keep the singer's name, image and music prominent. It was all to make Williams' point that "Elvis sells Elvis better than anything we can do."
But just answering the phones at EPE must be a chore, because they apparently ring a lot.

"I think only 3 percent of the licensing applications get approved," Williams said. "One thing about EPE that's really great is, they really think through the planning of the products and promotions."

He highlighted one that made the cut -- a partnership with Hershey's that's led to limited-edition Reese's peanut butter and banana creme cups. Reese's also will be giving away a pink Cadillac and a trip to Graceland.

"They're also going to give away ... some checks that Elvis wrote -- that have been canceled," Williams said.

"This is what's so fun about working with brands like this -- they just have some great ideas."

Williams, during his address to the PR types, also put in a pitch for elvisweek.com. That's the Web site devoted to next month's 30th anniversary edition of Elvis Week. (Source: Commercial Appeal, 13 July 2007) 


Butler pays $66,000 to settle Elvis case: A British-born butler who ran the beachside estate of a millionaire American entertainment mogul is paying $66,180 to settle charges that he used confidential information from his boss's office to trade on the stock market. Graham Lefford promoted himself as an old-style British gentleman's gentleman and has given interviews to the US media with tips on discretion and etiquette.

In a case brought last year, he was accused by the Securities and Exchange Commission of reading sensitive faxes sent to the 22,000 square foot country retreat of his employer, the American Idol creator Robert Sillerman, in the Long Island enclave of Southampton.

According to the charges, Mr Lefford discovered from private correspondence in 2004 that Mr Sillerman was about to use a publicly listed shell company, Sports Entertainment Enterprises, to buy the commercial rights to Elvis Presley's estate.The butler quietly made a personal investment of $600 in the company's shares - and turned a quick profit of $48,525 when the stock rocketed days later.

Although he has neither admitted nor denied the charges, Mr Lefford this week agreed to pay back profits of $31,450, interest of $3,280 and a penalty of $31,450.

The SEC said Mr Lefford had breached an "express duty of trust and confidence" enshrined in an agreement signed with Mr Sillerman when he became an employee.

Mr Lefford, who moved to America at the age of nine and became a US citizen, has previously described himself as one of only 25 "top-notch" butlers in the US. In a 2004 interview with the New York Sun, he said the first rule of being a butler was discretion - and he blasted the Princess of Wales's former butler Paul Burrell for his tell-all tendencies.

"You can't use what you overhear," he said. "It's a breach of trust. No exceptions. It's the code. I am hired to keep my mouth shut. It's what I'm paid for." (Source: Guardian Unlimited, 13 July 2007)


Elvis in the building...psychics reveal: Psychics have told Daytona Beach resident Jeffery Golden he is the reincarnation of Elvis Presley's twin brother, who died at birth. Saturday, judges will tell Golden and 19 other Elvis impersonators whether they have the right stuff to win the "Ultimate Elvis Tribute Artist Contest." Read full story (Source: Daytona Beach News Online, 16 June 2007)


"Legends In Concert" show drops Elvis as headline act: Is EPE heading in the wrong direction with its Elvis stratefy? As EPE gears up on a steady diet of ETA competitions, the times are a changing elsewhere.

There's a different wrinkle to the latest edition of "Legends in Concert," which runs through June 28 at Resorts Atlantic City. For the first time in memory -- maybe the first time ever -- the popular musical mimic-fest is not anchored by an Elvis Presley impersonator. While there are sure to be some "Legends" devotees for whom this will be a major disappointment, it certainly doesn't detract from what is, overall, a typically strong program. In Elvis' stead is Cookie Watkins, whose turn as Tina Turner is filled with appropriate amounts of sass, sizzle and sex appeal.

Sporting a nest of blond hair and long legs accentuated by dangerously spiked heels, Watkins looks amazingly similar to the rhythm 'n' blues legend. She, likewise, delivers an excellent approximation of the pop 'n' soul diva's guttural vocal style on such songs as "What's Love Got To Do with It" and her late-'60s signature take on "Proud Mary." Two other acts, Steve McCoy and John Anthony, give Watkins a run for her money. (Almost Elvis, Source: Courier Post Online, 15 June 2007)


CKX agrees to Sillerman/Fuller buyout deal - future is real estate & location based attractions: The parent company of 19 Entertainment, CKX, has agreed to a $1.3 billion takeover deal from US tycoon Robert Sillerman and Pop Idol creator Simon Fuller.

CKX shareholders will get $13.75 per share in cash as well as shares in FX Luxury Realty, an affiliate of Sillerman that has real estate interests in Las Vegas.

The sale, through a merger with 19X, a private firm owned by Sillerman and Fuller, will be financed through a combination of equity and debt financing, with cash also coming from Sillerman and Fuller's own pockets.

As well as owning 19 Entertainment, CKX has exclusive talent deals with David and Victoria Beckham, Rachel Stevens, Will Young, Claudia Schiffer, Annie Lennox and Emma Bunton. The firm also owns a controlling interest in Elvis Presley Enterprises and owns certain rights to the names and images of Elvis Presley and Muhammad Ali.

Commenting on the series of transactions, Mr. Sillerman said, "After two successful years of developing and exploiting the assets we have acquired, during which time we have seen tremendous year over year growth, we have come to realize that there is a substantial opportunity to capitalize on the Elvis Presley and Muhammad Ali assets in real estate and location-based attractions. However, the pursuit of these opportunities would require a significant investment of capital, which could hinder our ability to grow the core area of our business and which is not consistent with the business plan that we have always described to our stockholders.

As a result, we thought it best to provide our stockholders a capital realization opportunity as well as the opportunity to participate in a new public company that will develop real estate and location-based projects that exploit CKX's iconic intellectual property content. We believe that the transactions that we announced today accomplish that goal."

Mr. Fuller added, "I am extremely proud of what we have accomplished and am looking forward so much to continuing to work with Bob building the amazing assets that we have in Idol, Elvis Presley, Muhammad Ali and the Beckhams. I believe this transaction provides the best way to maximize the value we have created."


Also on June 1, 2007, CKX acquired 50 percent of FX Luxury Realty LLC for cash consideration of $100 million. The distribution by CKX to its stockholders of half of CKX's interests in FX Luxury Realty is a condition to the closing of the merger transaction.


Under the deal, FX Luxury Realty has signed licences to use certain intellectual property rights of CKX associated with Presley and Ali in the development of real estate and attraction-based projects. (Sale of EPE, Source: Digital Spy/Elites TV, 5 June 2007)


Elvis and Ali revive CKX: Shares of CKX, the owner of the “American Idol,” Muhammed Ali and Elvis Presley brands, including the operations of Graceland, were rocking Friday after the company agreed to a buyout by chief executive officer, Robert Sillerman, and Idol creator, Simon Fuller, for $1.3 billion.

Sillerman, the company’s biggest shareholder, and Fuller, the chief executive officer of 19 Entertainment, a wholly owned subsidiary of CKX, made a proposal to the company’s board of directors to purchase the company’s outstanding stock for $13.75 a share in cash, a 29% premium over the stock’s closing price Thursday of $10.63.

Share of CKX skyrocketed $3.77, or 3547%, to $14.40 on Friday following the announcement of the deal.

Andrew Baker, an analyst with Cathay Financial, said Sillerman and Fuller’s offer to take the company private includes all the businesses CKX currently operates--19 Entertainment, the “Idol” television brand, Elvis Presley’s Graceland, the likenesses, name, and image of both Muhammed Ali and Presley, and all other ancillary pieces. It also includes a proposed deal with Cirque du Soleil to develop an Elvis-themed project over the next 15 years.

At the same time, Baker said, the management team is putting other businesses into a new company, FX Luxury Realty, a CKX affiliate, which they bought half of this morning. FXLR has an interest in 17.7 acres of land on the Las Vegas strip and shares in Riviera Holdings (nasdaq: riv - news- people ), as well as the rights to future Elvis and Muhammed Ali-themed hotels, casinos, retreats and restaurants. “I have a high degree of confidence they will build something akin to an Elvis Heartbreak Hotel and Casino,” said Baker.

The company has a 45-day “go shop” period, Baker said, to see if someone will come in and make an offer to buy the company. One potential buyer, Baker speculated, was News Corp. (nyse: NWS - news - people ), which may want to own “American Idol,” instead of just licensing it from CKX, although they could always make an offer for “Idol” once the company becomes private. The other possibility is a real estate company since there are many Muhammed Ali and Elvis casino and hotel development options.

Ordinarily, when management makes a buyout, Baker said, they need a majority of the disinterested shareholders to approve. “That doesn’t appear to be the case here,” he said. “Unless someone comes in shareholders will not be given the opportunity to vote this down.”

Baker has an “outperform” rating on CKX and a price target of $18. “The likelihood of another buyer coming in is relatively limited,” he said. “But for every seller there’s a buyer. It’s an interesting bet. It will be a real estate play.” (News, Source: Ruthie Ackerman, Forbes.com, 1 June 2007)


Graceland kingdom expansion hinges on public funds - proposal dovetails with city plans to rejuvenate Whitehaven area: Elvis Presley's Graceland kingdom would be totally transformed -- the king's mansion aside -- in a $250 million improvement plan led by CKX Inc. chief executive Robert F.X. Sillerman.
 
There would be a new boutique convention hotel, a potential second hotel, a new visitors center, new attractions and new shops within five years -- provided local and state governments commit to an unidentified amount of funding, as Sillerman hopes will happen within the month.

"I think they recognize that we're blessed with an attraction like Graceland. There's really nothing like it in the world," Sillerman said Friday, after it was announced that publicly traded CKX is being taken private in a buyout he's leading. "With the kind of investment we're prepared to make, in partnership with the jurisdictions, we really could have a significant impact on the entire region. They recognize it and we're thrilled about it."

Shelby County Mayor A C Wharton also expressed optimism about the project, without specifically addressing the funding issue.

"This significant private investment will have a positive impact on the community as a whole, but it also dovetails into our existing efforts to further enhance the vitality of the Whitehaven community," Wharton said in a statement. "The company's commitment will facilitate our efforts to attract additional businesses and biomedical companies to the corridor and assist in the development of our aerotropolis strategy. We look forward to working with the company, other local officials and the people of the Whitehaven community to bring this plan to fruition."

On the city side, chief financial officer Robert Lipscomb referred questions about public funding to Mayor Willie Herenton. Attempts to reach him were unsuccessful. There have been ongoing talks between EPE and public officials, including a March meeting attended by Sillerman, Wharton, Herenton, Lipscomb, members of the Memphis Regional Chamber and Priscilla Presley.

Also, the City Council asked the Herenton administration to develop a plan for a Center City Commission-like board to oversee the redevelopment of the area, which includes Memphis International Airport and Brooks Road. Although plagued by decay, the area also is home to three of the city's key industries -- distribution and logistics, medical device manufacturing and tourism and entertainment.

"We need a lot of help from the community," said Jack Soden, Elvis Presley Enterprises CEO. "It wouldn't work to think in terms of this 100-acre campus and pouring a tremendous investment in here and just hoping things work out OK for Elvis Presley Boulevard and Whitehaven. It all has to be integrated -- the Brooks Road initiative, Elvis Presley Boulevard, the whole community. We want to be the catalyst for just a huge rebirth, redevelopment of the whole Whitehaven area."

Sillerman, asked if government funding is essential to his plan, said, "That's exactly right."

Sillerman paid $100 million for an 85-percent stake in EPE in a deal announced in December 2004. He vowed to transform what had been run as a "family business," using a "risk-oriented and expansive approach."

During a February 2006 visit to Memphis, Sillerman talked of doubling Graceland's total of 600,000 annual visitors and said the late King of Rock and Roll's home should "take its logical place as one of the great attractions in America, like Disneyland or Universal theme parks."

Toward that goal, EPE and affiliated companies have been gobbling up real estate, and now own or control more than 100 acres around the mansion. The companies have spent more than $13 million on property since January 2006, including a 182-unit apartment complex and former car dealership. Friday's announcement that CKX -- which also owns rights to the Muhammad Ali name and the "American Idol" TV show -- is going private could speed up the Memphis project.

That's because while CKX goes