The Portland Pickles (“the Pickles”), a US summer league baseball team, has issued proceedings against the Walt Disney Company (“Disney”) for alleged trade mark infringement. The Pickles claim that Disney’s fictional baseball team the ‘Peak Valley Pickles’, from its new animated TV show “Win or Lose”, and its sale of related merchandise infringes the team’s rights in the ‘Pickles’ name.
The Pickles’ team name and logo were registered with the USPTO in 2016 and are used on various merchandise sold both via the Pickles’ website and the retail store at its stadium, Lents Park. Numerous online retailers (including Disney, Target, Walmart, and Hot Topic) are now selling t-shirts and other memorabilia featuring the Peak Valley Pickles name and logo, which the Pickles claim risks its own being “diluted and devalued” owing to Disney’s actions.
The Pickles are reportedly seeking unspecified damages from Disney and an order confirming Disney’s infringement of its trade marks. Whether the Pickles will be successful in the Oregon District Court, if the matter progresses to that point, remains to be seen.
This dispute once again highlights the value of obtaining trade mark registrations in order to protect your business and brand.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
