Original Penguin Owner Sues Pudgy Penguins Over Trademark Dispute
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The company behind the clothing brand Original Penguin, PEI Licensing, has filed a lawsuit against NFT project Pudgy Penguins, alleging trademark infringement and unfair competition. The case, filed in a Florida federal court, claims the NFT brand’s apparel uses penguin-themed names and designs that are “confusingly similar” to PEI’s long-standing trademarks.
PEI argues it has used the “Penguin” word mark since at least 1967 and penguin imagery on clothing since 1956. The company says it previously sent a cease-and-desist letter in 2023 demanding Pudgy Penguins stop selling apparel and abandon trademark filings with the United States Patent and Trademark Office. In the lawsuit, PEI is asking the court to block the NFT brand from using the disputed trademarks and to award damages from any allegedly infringing product sales.