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Phanatic lawsuit: Phillies deny allegations from mascot creators
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By Kennedy Rose  – Digital Producer, Philadelphia Business Journal
Nov 1, 2019, 12:29pm EDT
In a court filing this week, the Philadelphia Phillies denied allegations made in a counterclaim from design firm Harrison/Erickson.

The Phillies refuted Harrison/Erickson’s allegations that the club only filed a lawsuit to pressure the firm and its owners, Wayde Harrison and Bonnie Erickson, to accept a lower amount of money for the renewal of the mascot licensing agreement. The response was filed in the New York Southern District Court.

“It is admitted only that an actual, substantial, and justiciable controversy exists between the parties concerning the validity of H/E’s termination notice,” the Phillies said in their response.

The Phillies filed a lawsuit against H/E and its owners Wayde Harrison and Bonnie Erickson in August, saying the firm sent a letter terminating the rights the team had to the mascot in June 2018. The Phillies purchased the rights to the Phantic in 1984 for $215,000, granting the team the rights to the character and costume “forever,” according to its lawsuit. The Phillies say H/E now wants millions of dollars in renegotiations for the character.

H/E argued in its counterclaim it had the right to renegotiate the licensing agreement it had with the Phillies under a section of the Copyright Act. If not, the Phillies would not be able to “continue to use the Phillie Phanatic” after June 15, 2020. The Phillies said they have the right to use the character under the 1984 agreement and said they also have rights to versions of the Phanatic created over the years.

The team also claimed this week that H/E’s copyright registration for the Phanatic was invalid, and that the firm “selectively quoted” sections of the copyright law that H/E said gives it the rights to the Phanatic. That selective quoting does not provide the full scope of that section of copyright law, the Phillies said.

The Phillies are now asking a judge for the following:

Deny H/E's termination of the licensing agreement
Deny H/E's request for a permanent injunction against the Phillies to prevent the team from infringing on the Phanatic copyright
Deny that H/E's 1978 copyright registration for the Phanatic is valid
The team to be awarded its attorney fees and full costs
Representatives for Harrison/Erickson and the Phillies were unable to be reached for comment before publication.

The Phillies are represented by Duane Morris LLP. H/E is representd by Mitchell Silberberg & Knupp LLP of Los Angeles.

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