Wednesday, February 26, 2020

The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot Copyright; The New York Times, February 24, 2020

, The New York Times; The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot Copyright

"In court papers filed in August, the Phillies said that Harrison/Erickson, the New York-based design and marketing firm that worked on the mascot’s design in 1978, improperly wanted to terminate an agreement over the Phanatic’s copyright...

Josh Gerben, an intellectual property lawyer who is not involved in the litigation, said that the Phanatic’s new design was likely an attempt by the Phillies to show that they had changed the mascot enough over the years that it was no longer covered by Harrison/Erickson’s copyright.

He was surprised that the Phillies had not settled the case — a possible indication, he said, that Harrison/Erickson was asking for a large sum. If the case does go to trial, he said, it would be hard to predict what a jury would do."

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