BREAKING DOWN THE DISPUTE OVER THE RIGHTS TO THE PHILLIE PHANATIC
Art Law

BREAKING DOWN THE DISPUTE OVER THE RIGHTS TO THE PHILLIE PHANATIC

see more PHILADELPHIA, PA – April 21: The Phillie Phanatic entertains before the start of a game between the Philadelphia Phillies and the Miami Marlins on April 21, 2015 at Citizens Bank Park in Philadelphia, Pennsylvania. The Phillies won 47-3. (Photo by Miles Kennedy/Philadelphia Phillies/Getty Images) Following up on yesterday’s blockbuster news of a lawsuit between the Phillies and the design firm Harrison/Erickson, Inc. (H/E) over who ultimately owns the rights to the Phillie Phanatic, here’s how things got where they are and how they most likely will pan out. First, it’s important to take note of who is suing whom. Even though it’s H/E who is threatening to make the Phanatic a “free agent,” it’s the Phillies who have filed the suit seeking judicial recognition of their ownership rights to the Phanatic– a “declaratory judgment” asking the court to declare the Phillies the sole owners of the Phanatic so as to prevent H/E from acting on its threat. In essence, this is a peremptory move on the Phillies’ part to prevent H/E from suing the Phillies later on. With regard to the merits of the case, things begin to get a bit murkier, although it appears as if […]

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