- PEI Licensing, operator of the Original Penguin brand, is suing the Pudgy Penguins crypto NFT project for trademark infringement.
- The lawsuit alleges Pudgy Penguins’ similar branding is likely to “mislead, deceive, and confuse the purchasing public” and was filed in the District Court for the Southern District of Florida on March 4.
- The fashion firm claims it sent a cease-and-desist letter in October 2023 and is seeking monetary relief, trademark rejections, and the destruction of infringing goods.
- Pudgy Penguins is a major crypto-native brand built from an Ethereum NFT collection that has expanded into physical toys and a Solana-based culture coin called PENGU.
PEI Licensing, the firm behind global brands like Perry Ellis and Original Penguin, sued the crypto brand Pudgy Penguins for trademark infringement in a Florida court on March 4. The lawsuit alleges the digital asset project’s unauthorized use of penguin-related trademarks violates fair competition laws and could mislead consumers about an affiliation with the legacy clothier, which has used its penguin design since at least 1956.
Consequently, PEI claims the crypto brand’s conduct “causes damage and irreparable injury to PEI, and to its goodwill and business reputation.” The firm argues the similarities between apparel and headwear sold under both brands create immediate consumer confusion. PEI provided examples of clothing side-by-side to illustrate the alleged infringement.
The fashion company noted it sent a cease-and-desist letter as early as October 2023 and later filed opposition notices with the United States Trademark and Patent Office in 2024. However, Pudgy Penguins allegedly continued using the marks in commerce and did not abandon its applications. PEI has requested monetary relief for all related profits and the destruction of infringing products.
Since its 2021 launch, Pudgy Penguins has grown into a major crypto-native intellectual property. The brand landed its physical toy line in Walmart and Target, selling over $10 million worth in under a year. It also operates its own Solana-based culture coin, PENGU.
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