Has the world gone crazy!!?

[Radioguy41]

After 40 years the company that created the Phillie Phanatic has decided to renege on it's agreement and wants the Phanatic to become a "free agent" so they can cash in on more money. 40 years!!

Philadelpha Phillies Sue To Keep Beloved 'Phanatic' Mascot From Free Agency

 

[Jimbo]

I saw that .... how ridiculous.

 

[Derwin0]

The guy is shooting himself in the foot. The Phanatic has no major value outside of the Phillies, and the Phillies can prevent him from having any Philly paraphernalia on it. Plus Philadelphia can just create another mascot if they want to, something several other teams have done successfully before. And no other team would seriously consider using the Phanatic as it's associated with another team.

As mentioned in the article, the Phillies have the rights in perpetuity based on the 1984 contract. So unless the Phillies have themselves violated the contract, the creator has no standing to have the court void the contract.

 

[Radioguy41]

It's strictly extortion, no matter what spin that company wants to put on it.

 

[Ramy]

Anyone remember the San Diego Chicken? He used to be the biggest mascot around and now where is he?

 

[Radioguy41]

Anyone remember the San Diego Chicken? He used to be the biggest mascot around and now where is he?

Actually, he's still around and still performing, although he's cut way back on appearances. After all, he's been doing it for 40 years. The big difference being, he personally owns the chicken while the Phillies organization owns the Phanatic. The Phanatic has lived on thru 2 actors but once Giannoulas retires the chicken likely retires too.

San Diego Chicken - Wikipedia

 

[Derwin0]

Actually, he's still around and still performing, although he's cut way back on appearances. After all, he's been doing it for 40 years. The big difference being, he personally owns the chicken while the Phillies organization owns the Phanatic. The Phanatic has lived on thru 2 actors but once Giannoulas retires the chicken likely retires too.

Phillies don't own the Phanatic, they only own the rights to exclusive use of it. The creator/owner is trying to get the contract thrown (he sold the rights to use it to them for $215k back in 1984) out so that she can charge them more money.

Everything to know about the Phillie Phanatic lawsuit

In 1984, Harrison/Erickson assigned all of the company’s rights in the Phanatic to the Phillies for $215,000. Such an assignment was “forever.” Sports Illustrated has obtained a copy of the contract, which is dated Oct. 31, 1984. In it, Harrison/Erickson “sells, transfers and assigns to the Phillies all of its rights, title and interest in and to the mascot and in and to all reproductions and portrayals of all or part of the mascot in any medium whatsoever, everywhere and forever.”

 

[Radioguy41]

Owning exclusive rights is essentially equivalent to owning it. The point I was making is that the team owns (exclusive rights to) the Phanatic while Giannoulas personally owns the Chicken. I also think you made my point that this is all about greed. They entered into an agreement (and received payment) for rights to the Phanatic and now, after all these years, they don't like the deal they agreed to. Tough.

 

[Juan]

I bet they settle...this agreement was long before email so no real paper trail exists

Owning exclusive rights is essentially equivalent to owning it. The point I was making is that the team owns (exclusive rights to) the Phanatic while Giannoulas personally owns the Chicken. I also think you made my point that this is all about greed. They entered into an agreement (and received payment) for rights to the Phanatic and now, after all these years, they don't like the deal they agreed to. Tough.

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[Jimbo]

I bet they settle...this agreement was long before email so no real paper trail exists

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Have you ever heard of REAL PAPER and document usually used for Legal things ...
They still do that in Real life today for important things ...

When you bought your home, did you not have to sign all the documents involved BY HAND with Real ink on real paper ?

 

[Juan]

That doesn't exist...hence the argument

Have you ever heard of REAL PAPER and document usually used for Legal things ...
They still do that in Real life today for important things ...

When you bought your home, did you not have to sign all the documents involved BY HAND with Real ink on real paper ?

Sent from my SM-G950U using the SatelliteGuys app!

 

[FTA4PA]

This was a licensing agreement between two groups. You can bet there were lawyers involved and with lawyers it's a guarantee there was paperwork and signatures involved.

 

[Derwin0]

That doesn't exist...hence the argument

Who said it doesn't exist? Both sides have said there was an existing contract, and the one article says they've seen it, and quoted directly from it.

Everything to know about the Phillie Phanatic lawsuit

In 1984, Harrison/Erickson assigned all of the company’s rights in the Phanatic to the Phillies for $215,000. Such an assignment was “forever.” Sports Illustrated has obtained a copy of the contract, which is dated Oct. 31, 1984. In it, Harrison/Erickson “sells, transfers and assigns to the Phillies all of its rights, title and interest in and to the mascot and in and to all reproductions and portrayals of all or part of the mascot in any medium whatsoever, everywhere and forever.”

 

[Tampa8]

There isn't a team who wants a symbol connected for 40 years to another team certainly not for big dollars. I see no leverage, the team can simply say good by and move on. They don't want to end the Phanatic but before spending big bucks in court maybe they will.

 

[Juan]

The internet didnt exist yet...so you cant sell rights to something before it was invented...invented as a commercial tool

Who said it doesn't exist? Both sides have said there was an existing contract, and the one article says they've seen it, and quoted directly from it.

Everything to know about the Phillie Phanatic lawsuit

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[navychop]

“...in any medium whatsoever...”


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[Derwin0]

The internet didnt exist yet...so you cant sell rights to something before it was invented...invented as a commercial tool

The internet has nothing to do with this. The Phanatic was marketed right after it was created. That's why Philly paid the money in 1984 for permanent ownership of the rights.

 

[Juan]

I am sorry..but you can't have a open ended contract...there must be a conclusion...

“...in any medium whatsoever...”


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[Juan]

It does now...

The internet has nothing to do with this. The Phanatic was marketed right after it was created. That's why Philly paid the money in 1984 for permanent ownership of the rights.

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[Juan]

Kinda like translator law being used to stream local broadcast stations on a non profit status...have to wait and see what the courts say

The internet has nothing to do with this. The Phanatic was marketed right after it was created. That's why Philly paid the money in 1984 for permanent ownership of the rights.

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