SHARECOMMENTMORE

By Alex Fees

ST. LOUIS, Mo. (KSDK)- There seems to be a dispute over who owns the phrase "Rally Squirrel."

The owner ofPBR Industries, a manufacturer of promotional items in Fenton, says he is at odds with Major League Baseball over the rights to the Rally Squirrel. It became an issue, and a phenomenon, after a woodland creature scampered across the infield at Busch Stadium during the 2011 baseball playoffs.

Major League Baseball officials and the owner of PBR Industries declined comment for now.

Local intellectual property attorney Chad Brigham says cases like this are not usual.

He says there were similar applications to the U.S. Trademark Office following the attention surrounding Tim Tebow and basketball player Jeremy Lin.

The dispute is not an issue for SSM Cardinal Glennon Children's Hospital, where Rally Squirrel is a mascot.

"We did apply for a trademark, but we didn't go for any for-profit use. As a non-profit we only went for a charitable use of the Rally image," said Dan Buck, Executive Director of the Cardinal Glennon Children's Foundation. "We created our own logos, and Rally is not about baseball. Rally is about a children's hospital and it's about going to all kinds of community events. He does help us raise funds through donations, people buy Rally Squirrel Valentine's, and Rally Squirrel Christmas cards, but none of it's tied to baseball."