The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot 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.

“This is a risk that the Phillies are taking in federal court,” he said.

Mr. Burgoyne said that the latest changes to the Phanatic’s appearance would not alter the mascot’s wild behavior.

On the field at the spring training game in Clearwater, Fla., on Sunday, the Phanatic climbed onto an A.T.V. and attempted, unsuccessfully, to fly.

“He’s trying to get through the crowd, the butt is kind of in people’s way, popcorn is flying,” Mr. Burgoyne said of the Phanatic’s weekend performance.

“It was the same old Phanatic,” Mr. Burgoyne said.

Article source: https://www.nytimes.com/2020/02/24/sports/baseball/phillie-phanatic-costume.html