Paul J. Kennedy, a partner in the Intellectual Property Department of Pepper Hamilton, was interviewed by WHYY's The WHY podcast for the August 14, 2019 episode titled "The Fight over the Phillie Phanatic."
[Paul Kennedy] said it didn't seem like [Harrison and Erickson] had a firm leg to stand on. Even if [Harrison and Erickson] can get this copyright back, they may have won the battle, but they're losing the trademark war.
"Philadelphia Phillies have clearly established their brand vis-à-vis the Phanatic," [said Mr. Kennedy.]
For that reason, you can't just slap a different uniform on the Phanatic and trade him to a different team.
"So, I think the reality is who would want it?," [said Mr. Kennedy.]