Original Penguin owner sues Pudgy Penguins over trademarks
PEI Licensing filed a Florida federal lawsuit accusing Pudgy Penguins of infringing Original Penguin trademarks on apparel and asking the court to block the NFT brand’s related USPTO applications.
PEI Licensing, which owns and manages the Original Penguin apparel brand, filed a lawsuit in a Florida federal court, accusing the NFT project Pudgy Penguins of trademark infringement, dilution and unfair competition tied to apparel. The complaint asks for an injunction and a court order directing the U.S. Patent and Trademark Office to refuse Pudgy Penguins’ pending applications that include “PENGUIN” terms or penguin designs.
According to the filing, PEI has used the PENGUIN word mark in commerce since at least 1967 and a penguin design on apparel since at least 1956. The company alleges Pudgy Penguins uses a family of word and design marks featuring “penguin” on clothing and related goods that are likely to cause consumer confusion with Original Penguin’s registered marks.
PEI wrote that it sent a cease-and-desist letter in October 2023 alleging infringement and dilution and demanding withdrawal of several USPTO applications. The lawsuit seeks to bar use of the disputed branding on apparel and related services, destroy any goods found likely to be confused with Original Penguin trademarks, and award PEI profits from sales of those items.
Following the filing, the Pudgy Penguins account on X posted a meme implying no overlap with Original Penguin’s branding.
Pudgy Penguins disputes the claims. In a statement, chief legal officer Jennifer McGlone called the filing a surprise given ongoing talks between the parties. “We were surprised by the action, particularly as both parties had been engaged in productive discussions to resolve this matter privately,” her statement reads. She added that the company has advanced its own USPTO applications and is confident the case lacks merit: “The trademarks in question are visually distinct and serve entirely different audiences and markets.” McGlone also referenced approvals already granted for Pudgy Penguins brand filings.
PEI Licensing oversees Original Penguin trademarks in the United States. Pudgy Penguins began as a non-fungible token collection and has expanded into consumer products, including clothing. The case addresses whether consumers are likely to be confused and whether the USPTO should refuse the pending trademark applications.
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