JFLNYC wrote:Have you read the complaint?

The Phils claim for various reasons that they can continue to use the Phanatic. If that’s true do you think them making changes to the Phanatic right now was just a coincidence?

Have you read Bill Giles’ statements on the matter and what a huge mistake they made originally? Do you not think it’s possible his counsel told him their legal position was weak but Middleton insisted on bullying his way forward with a lawsuit?

Do you not believe it possible that a huge, successful company might do something really stupid in an area where they were relatively ignorant? If you think it’s impossible remember IBM selling its operating software code (which, interestingly enough, is copyrightable subject matter, too) to some kid named Bill Gates because they believed their hardware was what was really valuable.

I understand it might be hard to believe some anonymous guy on the internet knows this subject matter better than the Phils and their advisors. And there’s lots of background information we don’t know which could make the situation look much different. Plus, anything can happen in litigation.

What I can tell you is that copyright was my life for years, that I was published multiple times on the subject matter and I was with a firm that handled many high profile cases. In fact, we represented Jim Henson and The Muppets, including Miss Piggy, who was created by the same folks who created The Phanatic. We were exactly the type of firm the Phils and their outside counsel might turn to for subject matter expertise in a matter such as this.

I can also tell you that over the course of a career which spanned more than 3 decades in the entertainment business I saw very well-known companies and famous people do some really stupid things from a legal standpoint and to bull their way ahead in the face of sound legal advice. So the idea that the Phils or anyone else might have badly bungled — and continue to bungle — a situation is not at all far fetched in my experience.

Based on what’s publicly available the Phils case is very shaky. I’m sure the Phanatic’s creators are holding the team’s feet to the fire and Middleton, et al, don’t like it one bit. The Phils have much greater resources than their adversaries and as a result of that or the inherent unpredictability of the legal system the Phillies may prevail. But it’s also possible they won’t and that they’ve handled the whole situation poorly for the last 40 years or so.

JFLNYC wrote:The thought occurred to me that you meant it in the way you just mentioned but I was on a roll! No harm and no offense taken. It is unfathomable. It just now looks like one of those matters where both sides are digging in their heels. Waste of time and money.

Bucky wrote:let's start a gofundme and buy the phanatic

WhiteyFan wrote:

JFLNYC wrote:

heyeaglefn wrote:

cartersDad26 wrote:why not settle out of court and pay these folks a few million, keep the phanatic as is and move on?? i know it's not my money but it has to be peanuts in the long run.

Do we know they didn't try this?

Based on public reports there have been talks. Based on the Phils’ complaint the team believes the $250k they paid
Harrison/Erickson 30+ years ago was enough.

I need to know what Harrison/Erickson are asking before I can determine my level of outrage.

swishnicholson wrote:

(And her, too, of course)

Hoping that's the eventual outcome after posturing by both sides, and everyone comes away happy.

azrider wrote:

swishnicholson wrote:

(And her, too, of course)

Hoping that's the eventual outcome after posturing by both sides, and everyone comes away happy.

but would this new phanatic be simply thrown away? it has shown an ability to bring joy to other lives, it does not deserve a fate like that.