Phillies file suit to prevent losing the Phanatic in 2020

[Dirk41]

If the Phillies just pay them to go away, can we get the old Phanatic back?

[zambonir]

If both sides really dig in this could take a year or two. I do think there's more to the revamp than the lawsuit. Whoever has been in charge of this work since 2018 was probably looking to put their own stamp on it anyway. And frankly the real audience for the Phanatic (kids) could probably care less and will still want a t-shirt or a plush toy of the new Phanatic.

[Dirk41]

Pretty sure it's widely accepted that Gritty is at least bisexual. So, there is precedent. Not that they are the same.

[zambonir]

I think you mean "non-binary." Has definitely been a thing/meme with Gritty. But both mascots are officially "he" in team literature. Isn't there a Mrs. Phanatic?

These designers are kind of a big deal, btw.

https://wayback.archive-it.org/all/20090927072051/http://www.smithsonianmag.com/arts-culture/atm-qa-200810.html

[zambonir]

As ever, court filings tend towards hyperbole. But this is all pretty juicy. Will they settle, or will we see Bill Giles on the stand?

'Common counterfeiters,' 'defamatory': battle over Phillie Phanatic getting ugly

[Philsmania]

If I could put on my attorney's hat for just a moment, I can say that this case falls under the umbrella of "commercial litigation" and, I know from experience that commercial litigation is the most brass-knuckled area of legal practice out there and and the area where lawyers typically hurl insults at each other and their respective clients. In criminal and personal injury matters, there's always a human being involved so that humanizes the case and makes the lawyers act with some level of civility. That is not the case in commercial litigation, however, there's just business entities and there is usually a large sum of money involved. As a result, even though the principals of the business entities involved are generally more upscale and educated, the litigation of business disputes between them typically turns into a brutal streetfight.

[zambonir]

Obviously I have no idea how the law should really be interpreted - or how it will be - but from a layman's perspective it seems like a settlement is still inevitable, because neither side is wrong. The puppet designers clearly created the original IP and, if their filing is accepted, their right to take back the copyright they willingly signed away seems pretty cut and dry. At the same time, the Phillies added their own value in a way that goes far beyond the original IP (though I'd argue Raymond, rather than Giles//the Phillies, is the one who contributed most of that creativity, if not the branding power).

And the puppeteers are definitely right that the Phillies' modifications are a transparent ploy, and likely meaningless.

Bring back Phil and Phillis!

[bkox]

In a 91-page decision on Aug. 10, U.S. Magistrate Judge Sarah Netburn in Manhattan indeed decided that changes by the Philadelphia Phillies to the Phillie Phanatic mascot last year were sufficient to allow its continued use by the club. At the same time, she decided that creators of the Phillie Phanatic had demonstrated the mascot had been registered as an artistic sculpture under copyright law.

The case remains in federal court in Manhattan, with a senior judge now taking a look at Netburn's decision and future ramifications for both sides.

Judge Rules New Phanatic Is Changed Enough for Phillies to Keep Using It

[bkox]

Phillie Phanatic staying in Philadelphia after Phillies settle lawsuit with...

[schillingfan]

There’s always a money price that can be negotiated. Everybody wins! That’s why lawyers exist.

[zambonir]

It'd be fun to know who blinked though. Also wonder if there will be more design changes (or reversions).

[bkox]

The original Phillie Phanatic will return following lawsuit settlement

pic.twitter.com/3RUrBZJWoA

— Philadelphia Phillies ( @Phillies ) November 16, 2021