The Portland Pickles are a collegiate wood bat team in Portland,
Oregon, and have recently gained popularity on social media and
from their recent documentary, "Pickles, pickles,
pickles" on the Major League Baseball Network. The team was
founded in 2015 and has since
become a staple of the local community. The Pickles have developed
an extensive line of merchandise featuring hats, jerseys, T-shirts,
and even plushies.
On May 7, 2025, the Portland Pickles filed a lawsuit against Disney for infringement of their trademarks. The Portland Pickles trademarks were filed on September 29, 2017. These trademarks covered the following goods and services:
IC 025: Clothing, namely, jerseys, t-shirts, sweatshirts, jackets, hoodies, tank tops, [infants' and children's bodysuits,] caps, hats and beanies.
IC 041: Entertainment services in the nature of baseball games and baseball exhibition games.
The Portland Pickles have two federally registered trademarks. The first is a wordmark claiming the "PORTLAND PICKLES." The second is their logo. The trademarks can be seen below:
On February 19, 2025, Disney released a mini-series, "Win or Lose." The series follows a co-ed softball team called "the Pickles" and the "intertwined stories of eight different characters as they each prepare for their big championship softball game." Since release, Disney has disseminated merchandise, mainly T-shirts, through multiple online stores. However, since the filing of this lawsuit, the merchandise has been removed from the internet. When the Pickles filed the complaint, the infringing merchandise was still online. Below are examples cited in the complaint:
The Portland Pickles have described the lawsuit as, "a classic case of David vs. Goliath." The Pickles assert that Disney is threatening them through their overwhelming presence and their power to dominate markets. They believe that the immense presence of Disney will drown their ability to control their trademarks in the media. The Pickles further supply evidence of potential actual confusion from consumers asking if their team is the one portrayed on the show or if they entered a licensing agreement with Disney. The Portland Pickles now seek permanent injunctive relief essentially to stop Disney from selling potentially infringing merchandise.
Despite no plans for a second season, the show is still an accessible series on Disney+, though the lawsuit could reduce or remove any monetary benefit for Disney. The lawsuit could even require the removal of the show from the streaming service.
This situation emphasizes that large companies must be aware of potential costly risks that arise, no matter how small the decision is like naming a team in a cartoon. Taking proactive measures, such as a trademark clearance search, can ensure freedom to operate and give peace of mind, potentially saving millions in avoiding litigation.
This case is still in its infancy, with Disney yet to file a response. Nevertheless, this case exemplifies the importance for companies large and small to conduct proper due diligence searches for potential trademark infringement before releasing media into the market. Regardless, this lawsuit will garner an interesting response from Disney and is worth following.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
