Phillies file suit to prevent losing the Phanatic in 2020

[bkox]

The Philadelphia Phillies Sue to Keep Their Mascot From Becoming a Free Agent

Phillies file suit to keep ownership of Phillie Phanatic

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Designers of the Phillie Phanatic speak out amid lawsuit

[zambonir]

There's no way this doesn't get settled because neither side can afford to lose. The Phanatic is worth a whole lot less to the designer if it's not the Phillie Phanatic (I'd say completely worthless but I guess the Famous Chicken proves otherwise). And the Phillies can't not have the Phanatic.

[allentown]

If the Phillies turned down the chance to purchase the trademark/design copyright for that little $ in the way back days, then they deserve their current legal problem.

[tom81]

This is heating up, we could lose the Phanatic soon.

From the Athletic, “ Where does the case go from here? The parties meet Thursday with Magistrate Judge Sarah Netburn to debate the discovery disputes. No trial date has been set yet, which means barring a settlement, the case is unlikely to be resolved before the June copyright deadline. So just in case, catch the Phanatic’s tumbles early this year.”

[zambonir]

it will still get settled IMO. And the Phillies will probably ask for and get an injunction to keep status quo until case can be heard.

Should the creators win the suit would still be crazy for them to walk away. Impossible to imagine "The Phamous Phanatic" turning into a touring, unaffiliated mascot (though it would be cool if he did Wrestlemania). The Phillies would just have to pony up more $.

[schillingfan]

It’s merely finding a figure. Classic arbitration case. I want five mil. I’ll only give one mil. Then they’ll settle in the middle.

[Philsmania]

I have a bad feeling about this.

[Dirk41]

Ditto They are trying to find out how much the Phillies make on the Phanatic. They have to have an idea. It wouldn't be shocking if the Phillies make more money off of the Phanatic than any player (Harper has his own deals for his likeness that probably cut heavily into what the Phillies get from him). It also wouldn't surprise if they make more from the Phanatic than any team does on their mascot in sports.

You have the best and most popular mascot in the world. They have to expect to pay up.

[rpmcmurphy]

Agreed, Dirk41.

Not adding another starter or position player is one thing. Losing the Phanatic would really be a PR disaster. I can’t believe it would happen.

He doesn’t count against the salary cap, after all.

[zambonir]

I'm not a copyright lawyer but it seems to me the Phillies have the stronger case. The company voluntarily gave up all their rights in 1984, and terminating the existing agreement requires the courts to view the company as the Phanatic's true "creator." IMO that just does not seem to be true, they were hired by the Phillies to execute something that is the Phillies idea, just as surely as whoever designs the team's logos and uniforms.

That doesn't mean they don't deserve to get a lot more $ given how valuable the character has turned out to be compared to what it was in 1979. But it does mean they will settle. The Phillies will be motivated to settle too, but they are the ones with the money and power to make it a long legal fight if not.

[BostonRoss]

I want to see the Phanatic testify in court.

[HopeSpringsEternal]

Those would be his first words ever uttered!

[zambonir]

Haha.

Actually it seems to be me that Dave Raymond is the a big key to the case here. Arguably he has as much of a claim to "creating" the character, as the team and the people who designed the actual fur.

What about all the kids who think the Phanatic is actually a real creature from The Galapagos Islands? This is like finding out there's no Santa Claus!

[bkox]

This is like finding out there's no Santa Claus!

Wait... what?!?

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Phillies Will Unveil a New-Look Phanatic on Sunday

[Dirk41]

It's hard to imagine this turning out well.

[zambonir]

It seems like a dubious strategy both legally and fan-wise, but I can't imagine it will really alter the trajectory of the case

[Dirk41]

I was referring more to the makeover. The thing about winter conditioning conjures up images of a Times Square Big Bird with dirty sneakers and a backpack.

[zambonir]

I assume he's gonna be orange and have googlier eyes.