Judge Rules Phillies May Continue Using Phanatic Mascot in Current Form After Lawsuit

U.S. Magistrate Judge Sarah Netburn has ruled that the Philadelphia Phillies may continue to use the Phanatic mascot amid a multi-year legal battle between the team and Harrison/Erickson, the design firm that created the mascot in 1978, per the Associated Press.

As TMZ Sports noted in 2019, the Phillies said they paid the company $215,000 in 1984 to have rights to keep the mascot forever. Harrison/Erickson argued that the deal did not give the Phillies permanent rights and hoped to renegotiate the contact.

In addition, the firm threatened to terminate that agreement, to the point where the team would not be allowed to use the mascot after June 15, 2020 barring renegotiation (the firm eventually did terminate the deal).

Kevin Kinkead of Crossing Broad attempted to explain the situation in brief.

"The short version is that the Phillies think they have license to use the mascot perpetually, while Erickson and Harrison claim a legal right to take back their copyrighted work after 35 years, based on some technicality."

In the meantime, the Phillies made changes to the mascot in Feb. 2020, which the Associated Press outlined.

"The Phillies unveiled the redesign of the green mascot in February 2020, a new look featuring flightless feathers rather than fur-colored arms, stars outlining the eyes, a larger posterior and a powder blue tail, blue socks with red shoes, plus a set of scales under the arms."

Those changes are the keys to the Phillies being allowed to continue using the mascot. The following is from the judge's 91-page ruling, per Eriq Gardner of the Hollywood Reporter.

“To be sure, the changes to the structural shape of the Phanatic are no great strokes of brilliance, but as the Supreme Court has already noted, a compilation of minimally creative elements, ‘no matter how crude, humble or obvious,’ can render a work a derivative."

Gardner summed up what that meant: "Ultimately, she accepts the newer version falls within the Derivative Works Exception, which if now accepted by the District Court, would mean that the Phillies won’t lose their mascot."

Thus, the Phanatic will be allowed to continue its antics at Citizens Bank Park.