PHANATIC'S DESIGNER INVOLVED IN A SCUFFLE IT DESPERATELY DOES NOT WANT TO WIN
Art Law

PHANATIC’S DESIGNER INVOLVED IN A SCUFFLE IT DESPERATELY DOES NOT WANT TO WIN

see more PHILADELPHIA, PA – MAY 14: The Phillie Phanatic jokes with Orlando Hudson #13 of the Los Angeles Dodgers before the game against the Philadelphia Phillies at Citizens Bank Park on May 14, 2009 in Philadelphia, Pennsylvania. The Dodgers defeated the Phillies 5-3 in 10 innings. (Photo by Joe Robbins/Getty Images) One of the more interesting aspects of the dust-up between the design firm Harrison-Erickson (H/E) and the Phillies over the copyright to the Phillie Phanatic is that H/E really, really, really does not want to win it. It finds itself in an odd position for a litigant — if it loses it loses, obviously, but if it wins it loses as well. And setting aside the legal issues pursuant to the minutiae of copyright law that may or may not be in its favor, it is this cold reality that puts the Phillies in the driver’s seat in this dispute. Assuming that the Phillies dig their heels in and litigate this to the very end, what does H/E stand to win should a court find that it does, in fact, own the copyright to the Phanatic and therefore has the right to make him a "free agent," […]

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