PEI Licensing, owner of the Original Penguin clothing brand, has filed a federal lawsuit in Florida against the nonfungible token project Pudgy Penguins, alleging trademark infringement, dilution and unfair competition related to apparel and related goods.
The complaint says Pudgy Penguins uses a “family of penguin trademarks that are confusingly similar” to PEI’s federally registered PENGUIN word and penguin design marks. PEI alleges it first used a penguin design on apparel as early as 1956 and the PENGUIN word mark at least by 1967.
PEI says it sent a cease-and-desist letter to Pudgy Penguins in October 2023, asserting the NFT project’s products infringe and dilute PEI’s famous marks and asking Pudgy Penguins to abandon trademark applications with the U.S. Patent and Trademark Office. The complaint seeks to have the USPTO refuse Pudgy Penguins’ applications, to enjoin further alleged infringement, to require destruction of products likely to be confused with PEI’s trademarks, and to recover profits from sales of such products.
Pudgy Penguins’ legal chief, Jennifer McGlone, told Cointelegraph the company was surprised by the suit, noting both parties had been in productive talks to resolve the matter privately. She said Pudgy Penguins has advanced trademark applications with the USPTO, is confident PEI’s claims lack merit, and believes the disputed marks are visually distinct and target different audiences and markets. McGlone added that Pudgy Penguins has already secured multiple USPTO approvals covering its brand and related marks.
Pudgy Penguins’ X account also posted a meme implying its brand bears no resemblance to Original Penguin.
