MLB Philadelphia suing Phanatic mascot to prevent free agency

Discussion in 'Fugu's Business of Sports' started by LadyStanley, Aug 5, 2019.

  1. LadyStanley

    LadyStanley Registered User

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  2. Fenway

    Fenway Administrator Sponsor

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  3. tarheelhockey

    tarheelhockey Highest Boss

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    Hard to say which side is in the right from a legal standpoint, but it's strange to imagine a world where a team's mascot is now a "free agent" being marketed around the country by a design firm. Pretty much defeats the whole purpose of having a mascot in the first place.
     
  4. tony d

    tony d HFBoards Sponsor Sponsor

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    Meh, it's the Phillie Phanatic, he should stay with the Phillies.
     
  5. b1e9a8r5s

    b1e9a8r5s Registered User

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    I thought for sure that this was going to be a spoof video or onion type story.

    They both need to settle. The Phanatic can't go to another team.
     
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  6. Dirty Old Man

    Dirty Old Man NHL: AZ Belongs Sponsor

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    Yeah, who does he think he is, the San Diego Chicken?
     
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  7. David Dennison

    David Dennison I'm a tariff, man.

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    Gritty needs to pelt the Phanatic with batteries when he returns with another team.
     
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  8. TheLegend

    TheLegend Megathread Gadfly

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    That was slightly different in the The Chicken was originally the brain child of a local radio station KGB who ran around all the San Diego sporting events to promote the station.

    The character had become so popular in such a short time a rift developed between the man who played The Chicken (Ted Giannuolas) and the station over where he could appear.

    So Giannuolas changed the outfit enough to avoid a copyright infringement and the name to The Famous Chicken.
     
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  9. jumptheshark

    jumptheshark Rebooting myself Sponsor

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    Only observation comes in form of question.

    Did Phillies pay the NY firm to create him?


    If so I think it could be a short court case.

    If he was created independently of Phillies they will lose.

    One example is an artist named Riggs who created Eddie for Iron Maiden. He tried suing the band for Eddie's rights but because Maiden paid for the creation they had the rights.

    Depends on what was in the creation agreement of the Phanatic. I could be wrong but I believe the phillies incorporated his name and looks and paid for his creation.
     
  10. TheLegend

    TheLegend Megathread Gadfly

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    From the Phillie Phantic's Wikipedia page.....

     
  11. jumptheshark

    jumptheshark Rebooting myself Sponsor

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    If that is correct it will be a quick case. In this day and age copywrite is king. By owning the copywrite the owners can pretty much do what they want with the character and prevent others from using it. As long they paid the required fee that is. That is why there are good movies on YouTube copywrites were not renewed
     
  12. oknazevad

    oknazevad Registered User

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    It's "copyright", as in the right to copy, dangit! Sorry, but that's a damn pet peeve of mine!
     

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