Unhappy birthday for Michael Jordan?

Charlotte Bobcats owner, Michael Jordan sits beside fiancee, Yvette Prieto during the game between the Chicago Bulls and the Charlotte Bobcats at Time Warner Cable Arena on February 10, 2012 in Charlotte, North Carolina.

/ Photo by Streeter Lecka/Getty Images

(CBS/AP) Happy birthday, Michael Jordan! Today the NBA legend turns 49.

But considering the woeful state of the team he runs and a recent legal setback, "His Airness" may not be in the mood to celebrate.

The Jordan-owned Charlotte Bobcats are 3-26 and flirting with NBA futility.

Because of the lockout-shortened season Charlotte won't challenge the 1972-73 Philadelphia 76ers' record of 72 losses. However, the Bobcats have lost 16 straight games and have a worse winning percentage (.103) than that infamous 76ers team.

"Everybody wants to make history but you don't want to make history that way," said Bobcats guard Matt Carroll, currently in his second stint with Charlotte. "You don't want to be that team."

Jordan isn't talking as the losses continue to mount.

Meanwhile, on Thursday a federal judge ruled that a national grocery store chain's reference to Jordan in an ad-like magazine layout was constitutionally protected free speech - a decision that thwarts the former Chicago Bulls player's bid for control of his billion-dollar image.

In a finding that surprised some legal observers, the court in Chicago concluded Jewel-Osco wasn't endeavoring to sell anything with the page featuring basketball shoes emblazoned with "23," Jordan's Bulls jersey number.

Alas, the numbers don't lie. Jordan can't be happy about his Bobcats' lowly three wins or his inability to safeguard his legendary "23" -- but hopefully he'll enjoy his 49th birthday. Here's one number that might cheer him up: $500 million (his estimated net worth).

[Hutterite]

There is always the option of the food service or hospitality industries...

[jbenavides1]

I hope he's getting a prenup cause if he doesn't, well........ there goes half his millions.

[Titanburner]

Aw man you're having a bad birthday because your pro basketball team is losing? I must be sooo tough being a multi millionaire...meanwhile the rest of the economy scratches and fights with every drop of strength left just trying to put food on the table for their families... but yea... I could see how you would be having a bad birthday...

[endrepubs]

Ain't life tough Mike? Maybe Mike should play for the Bobcats. Couldn't hurt.

[wlhoppers]

He's got nothing to be unhappy about. Millions of people would love to have Jordan's problems.

He lost control of his billion-dollar image when he became a megastar. The price of fame. Deal with it.

[Lerianis4]

No, it isn't the 'price of fame' and this court made the wrong ruling. I can already see the appeal coming and the reversal down the line.

[dman6015]

Let him go cry on his good buddy Tiger's shoulders. Jordan helped ruin Tiger's life by giving him advice about women. He should get out of basketball.