The Brickhouse Law Group http://www.brickhouselaw.com “Experience Strength and Innovation” Tue, 24 Jan 2012 17:57:09 +0000 en hourly 1 http://wordpress.org/?v=3.1.3 The Rally Squirrel and the 500-lb. Gorilla http://www.brickhouselaw.com/2011/11/the-rally-squirrel-and-the-500-lb-gorilla/ http://www.brickhouselaw.com/2011/11/the-rally-squirrel-and-the-500-lb-gorilla/#comments Fri, 18 Nov 2011 16:49:53 +0000 michael http://www.brickhouselaw.com/?p=333 By the time the St. Louis Cardinals reached the World Series, the little gray squirrel that had dashed across home plate during Skip Schumaker’s at-bat early in the playoffs had been transformed into The Rally Squirrel, complete with Rally Squirrel towels, Rally Squirrel t-shirts and Rally Squirrel stuffed animals.

And by the time Alan Craig caught the final out in the 9th inning of Game 7, the first application to register RALLY SQUIRREL was on file with the U.S. Trademark Office, to be followed ten days later with an application to register RALLY SQUIRRELS. Both were filed by businesses unaffiliated with Major League Baseball. And both raise the same question: should a company be able to claim trademark rights in a name that originated in the public domain?

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