Pudgy Penguins Faces Trademark Lawsuit Over Apparel Branding

The company behind the well known clothing brand Original Penguin has filed a lawsuit against the NFT project Pudgy Penguins, alleging trademark infringement related to the project’s clothing merchandise.

The complaint was submitted in a federal court in Florida by PEI Licensing, which manages the intellectual property associated with Original Penguin. The lawsuit claims that Pudgy Penguins used penguin-themed words and logos that are confusingly similar to the long established trademarks used by the apparel brand.

According to the filing, the Original Penguin brand has used the “Penguin” name since at least 1967, while its penguin logo has appeared on clothing as far back as 1956.

Dispute Over Penguin Branding in Apparel

PEI Licensing argues that Pudgy Penguins attempted to register multiple “Penguin” marks with the United States Patent and Trademark Office for apparel and related products. The company claims these filings could create confusion among consumers and dilute the value of its existing trademarks.

The lawsuit also notes that a cease and desist letter was sent to Pudgy Penguins in October 2023 requesting the project abandon the trademark applications.

However, Pudgy Penguins maintains that the claims lack merit, arguing its designs and branding are visually distinct and aimed at a different audience within the digital collectibles and community-driven merchandise market.

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