- PEI Licensing, owner of Original Penguin, filed a trademark lawsuit against the Pudgy Penguins NFT project on Wednesday in a Florida federal court.
- The apparel company alleges that Pudgy Penguins’ merchandise uses “confusingly similar” penguin marks, infringing on trademarks it has held since the 1950s and 1960s.
- Pudgy Penguins’ legal chief, Jennifer McGlone, stated the company is confident the claims lack merit, as the marks are “visually distinct” and serve different markets.
On Wednesday, PEI Licensing filed a significant lawsuit against the Pudgy Penguins NFT project in a Florida federal court. The clothing brand owner accuses the digital collectibles company of trademark infringement and unfair competition through its merchandise.
PEI claims its “PENGUIN” word mark dates to 1967, with a penguin design used even earlier. Consequently, it argues Pudgy Penguins’ apparel uses a “family of penguin trademarks that are confusingly similar” to its own famous marks.
PEI sent a cease-and-desist letter in October 2023, according to the filed complaint. The lawsuit demands Pudgy Penguins abandon its trademark applications and seeks an order to stop all alleged infringement.
The plaintiff also requested the court award all profits from the contested products. Moreover, it asked for the destruction of any goods found likely to cause consumer confusion.
However, Pudgy Penguins Chief Legal Officer Jennifer McGlone said the company was “surprised by the action.” She noted both parties had been in “productive discussions” to resolve the matter privately.
McGlone asserted the company’s trademarks are “visually distinct and serve entirely different audiences.” She expressed utmost confidence in prevailing, citing multiple prior USPTO application approvals.
Meanwhile, the project’s official X account posted a meme highlighting the brands’ differences. This public response contrasts sharply with the formal legal allegations.
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