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Cultural Icons Spawn Lawsuits Worth Close Looks
The ownership of intellectual property rights can be at the core of legal disputes involving pop culture icons. Considering the goodwill, effort and money spent in building a brand, character or commercial impression, it is not surprising that parties to intellectual property agreements find themselves revisiting their arrangements over time. That is what is happening in two recent federal lawsuits, one in New York involving a beloved figure in Philadelphia sports and the other in California focused on the Old Spice cologne commercial jingle.
The subject matter of Phillies v. Harrison/Erickson Inc., 1:19-cv-0723, pending in the U.S. District Court for the Southern District of New York, is none other than the beloved "Phillie Phanatic," the mascot for the Philadelphia Phillies baseball team. First introduced during a Phillies April 25, 1978, home game, the Phillie Phanatic is now one of the best-known sports mascots. It is virtually impossible to watch a Phillies game without looking for that green, affable creature, who can usually be found delighting both adults and children, or playfully teasing opposing teams.
The Phillie Phanatic lawsuit focuses on the intellectual property rights surrounding copyright protection in the character's costume itself, and the interplay between copyrights and trademarks.
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