Baseball's Most-Sued Mascot Faces Uncertain Future

Baseball’s most-sued mascot (and probably its most famous) is the Phillie Phanatic. Since its debut in 1978, the Phanatic has been sued by multiple fans who claimed they had been injured by the mascot’s antics.

The latest lawsuit, however, involves not the Phanatic’s performances, but his ownership. Earlier this month, the Phanatic became involved in another lawsuit which could threaten the team’s right to the character.

From Michael McCann of Sports Illustrated:

On August 2, the Phillies filed a copyright lawsuit in the U.S. District for the Southern District of New York. The club is suing a group of defendants who assert that they are the rightful creators of the Phanatic and who, according to the Phillies, demand “millions of dollars” from the club. As the Phillies tell it, they’ve been threatened that if they don’t pay up, the Phanatic will be declared a “free agent”—meaning, at least in theory, another club could negotiate to use the costume.

The lawsuit will likely turn on the interpretation of a 1984 Assignment Agreement by which a design firm transferred its rights in the character to the team for $215,000 - another good reminder that all agreements should be reviewed by an attorney.

For more stories of legal trouble involving basebakk mascots, check out the 2016 article Baseball Mascots and the Law.