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Paul J. Kennedy Quoted in Philadelphia Inquirer Article, 'Could the Phillie Phanatic Really Become a Free Agent?'

8/13/2019
Paul J. Kennedy Quoted in Philadelphia Inquirer Article, 'Could the Phillie Phanatic Really Become a Free Agent?'

Paul J. Kennedy, a partner in the Intellectual Property Department of Pepper Hamilton, was quoted in the August 12, 2019 Philadelphia Inquirer article, "Could the Phillie Phanatic Really Become a Free Agent?"

An athletic team typically contracts designers to build a mascot and pays a flat fee for their services and rights to the creation, said Paul Kennedy, an intellectual property attorney at Pepper Hamilton.

"But that's not how this evolved," he said. "Harrison and Erickson retained some of their rights to the copyright, and now want more money for the success of the Phanatic."

...

Because the Phanatic is such a well-known mascot, trading him to another team by simply swapping his jersey might lead to violations of trademarks the Phillies hold on the green guy, Kennedy said.

"Let's be practical here," he said. "From a trademark standpoint alone, who else is going to want the Phillie Phanatic? He's as Philadelphia as it gets."

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