Source:  Newsweek

The Portland Pickles, a summer league baseball team, have initiated a federal lawsuit against the Walt Disney Company, alleging trademark infringement stemming from Disney’s use of the name “Pickles” for a fictional team in its streaming television show, “Win or Lose.” 

This legal action represents a significant escalation in what began as a lighthearted matter, now transformed into a serious contention over brand identity and trademark rights. The Portland Pickles are seeking unspecified damages and a permanent injunction to prevent Disney from utilizing their name in any capacity, including merchandise linked to the show.

The lawsuit asserts that Disney’s actions pose a risk of diluting and devaluing the Pickles’ brand, which has garnered considerable goodwill and fan loyalty since its trademark registration in 2016. The complaint emphasizes that the Pickles’ unique branding—characterized by their mascot, Dillon, a giant pickle in a team jersey—represents a real community and cultural identity that Disney has allegedly overlooked. The team argues that Disney has exploited the catchy nature of the name “Pickles” without regard for the implications this has on the original team’s longstanding reputation.

Court documents indicate that the Portland Pickles have established their brand through a variety of merchandise and promotional efforts. Their trademarks are actively displayed on apparel and memorabilia sold both online and at their stadium. In contrast, Disney has begun marketing products featuring the Peaks Valley Pickles, which include a logo of a smiling green pickle holding a baseball bat. The lawsuit contends that this not only infringes on the Portland Pickles’ trademarks but also misleads consumers regarding the association between the two entities.

The legal representatives for the Portland Pickles have articulated that Disney’s conduct is not merely a case of inadvertent oversight but rather a deliberate appropriation of a brand identity that has been cultivated over nearly a decade. The suit accuses Disney of leveraging its substantial market power to infringe upon the rights of the Portland Pickles, thereby undermining the authenticity and integrity of their brand. This assertion aligns with established legal principles surrounding trademark infringement, which prohibit the unauthorized use of a mark that is likely to cause confusion among consumers.

As the case unfolds in the U.S. District Court in Oregon, the team sought not only compensatory damages but also punitive damages reflective of the willful nature of Disney’s infringement.