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Brian Walton's news and commentary on the St. Louis Cardinals (TM) and their minor league system

Cardinals initiate action to protect “Rally Squirrel” mark

The St. Louis Cardinals have formally initiated action to block a company named PBR Industries from acquiring the trademark for the term “Rally Squirrel,” reports baseball card-related website The Cardboard Connection.

Within two weeks of the daring rodent having dashed across Busch Stadium’s home plate in front of Skip Schumaker in October 2011, the company submitted a trademark application. Just last week, on December 27, the team filed a formal notice of opposition.

Of course, this is about merchandizing opportunity of a well-known and therefore, valued intellectual property.

While some of us may feel that the excessive focus on the Rally Squirrel detracted from the accomplishments of the players and team, many latched onto it as a good luck charm. Let’s face it; the club itself included a small squirrel on the side of their World Championship rings.

The famous rodent may have some staying power. Special baseball cards introduced by Topps featuring a photo of the squirrel in flight are still selling for $70 or more on ebay. However, the article reminds us that Topps issued the card under Schumaker’s name, with the term “Rally Squirrel” noticeably absent.

The intellectual property lawyer writing at The Cardboard Connection, Paul Lesko, suspects PBR will lose its case, having no apparent connection to the rodent in question. Yet, he notes the club has apparently not filed its own action to reserve the term.

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8 Responses to “Cardinals initiate action to protect “Rally Squirrel” mark”

  1. JumboShrimp says:

    If PBR could prove that it brought the squirrel to the ballpark and released it, just in time to encourage the rally, then PBR might have an argument. But its our park and its squirrel, so PBR cannot appropriate our park’s squirrel. Good job by Mo to oppose the misappropriation of our asset.

  2. Bw52 says:

    What`s the PBR stand for ? Pabst Blue Ribbon?

    Gosh and people wonder why the US has so many of Mark Twains least favorite people.

  3. CariocaCardinal says:

    My limited experience with trademarks is contrary to that lawyer. No connection is necessary – just a question of who puts in the first claim on the name. Those who had used it earlier may very likely have free use though

  4. JumboShrimp says:

    Congratulations to Lance Berkman and his agent, for doing it again! Smart baseball.

    A couple of years ago, Lance was coming off a rough season with the Yankees. They would not want to re-sign him. But happily for Lance, he figured out a sweet angle. He indicated he would be very interested in playing for the Cards and TLR. He would provide leadership and good humor for the Clubhouse, for only $8MM smackers. He then enjoyed a rebound campaign during 2011 and helped beat the Rangers.

    Lance had thought ahead and realized Pujols might leave, as Albert did. This meant the Cards had more money for other players, so Lance re-uped for 2012 for $12MM. He had knee and leg problems and fell apart. No way the Cards were going to pay him a lot for 2013.

    Would Lance take a sentimental journey and provide leadership for the Astros? No. Luhnow is tight with the dollars. No easy pickings there.

    But Lance noticed the same situation up in Big D, as he enjoyed with the Cards. The Rangers like the Cards lost a slugger to the Angels. Josh Hamilton’s loss frees plenty of Rangers money for his substitute, Berkman, who just grabbed another $11MM. Sweet!

  5. Bw52 says:

    Can Lance play up to the big dollars and stay healthy enough to help? Considering he has had 1 healthy season out of the last 3………………………..? Anyway good luck to one of the good guys Lance.

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