The clothing company behind the Original Penguin brand, PEI Licensing, has filed a trademark lawsuit against the NFT project Pudgy Penguins. The complaint, filed in a Florida federal court, alleges infringement and unfair competition related to penguin-themed apparel. Pudgy Penguins’ legal chief stated the company was surprised by the suit and is confident its distinct trademarks will prevail.
The firm behind the Original Penguin clothing brand, PEI Licensing, has sued the nonfungible token project Pudgy Penguins for trademark infringement. The lawsuit, filed in a Florida federal court, accuses the NFT company of using confusingly similar penguin trademarks on apparel.
PEI claims it has used the “PENGUIN word mark at least as early as 1967.” It alleges that Pudgy Penguins has misappropriated its property rights, likely causing public confusion.
The plaintiff sent a cease and desist letter in October 2023. That letter demanded Pudgy Penguins abandon its applications with the US Patent and Trademark Office.
PEI requested the court order the USPTO to reject those applications. It also seeks an order for Pudgy Penguins to destroy infringing products and hand over related profits.
Pudgy Penguins legal chief Jennifer McGlone said the company “was surprised by the action, particularly as both parties had been engaged in productive discussions.” She stated the company is confident the claims lack merit.
McGlone argued the trademarks are visually distinct and serve different audiences. “We have the utmost confidence that we will prevail,” she stated, noting multiple USPTO application approvals.
