Original Penguin sues Pudgy Penguins over apparel trademarks
PEI Licensing, the company behind the Original Penguin apparel brand, has filed a lawsuit against the nonfungible token project Pudgy Penguins, alleging trademark infringement, dilution, and unfair competition. The complaint was submitted in a Florida federal court on Wednesday and centers on claims that Pudgy Penguins’ merchandise uses a “family of penguin trademarks” that are confusingly similar to Original Penguin’s marks.
According to the filing, Pudgy Penguins has engaged in unauthorized use and sought registration of various PENGUIN word and design marks in connection with apparel and related goods and services that PEI says are confusingly similar to its federally registered and well-known PENGUIN and penguin design trademarks.
PEI stated in the lawsuit that it has used the “PENGUIN” word mark since at least 1967 and first used a penguin design on apparel as early as 1956.
The complaint notes that PEI sent a cease-and-desist letter to Pudgy Penguins in October 2023, asserting that the project’s products infringe and dilute PEI’s “famous PENGUIN Marks.” The letter also demanded that Pudgy Penguins withdraw its pending applications with the United States Patent and Trademark Office (USPTO) to register various PENGUIN-related marks.
PEI alleges that Pudgy Penguins has misappropriated PEI’s property rights in a manner likely to cause consumer confusion or deception. The company is asking the court to direct the USPTO to refuse Pudgy Penguins’ applications and to enjoin the project from further alleged infringement.
The suit also seeks an order requiring the destruction of any products deemed likely to be confused with PEI’s trademarks and the recovery of all profits from the sale of those products.
In response, Pudgy Penguins’ chief legal officer, Jennifer McGlone, said the company was surprised by the filing, noting that both parties had been engaged in private discussions to resolve the dispute. She added that Pudgy Penguins is confident PEI’s claims are without merit, arguing the marks are visually distinct and target different audiences and markets.
McGlone said Pudgy Penguins has secured multiple trademark application approvals from the USPTO covering the Pudgy Penguins brand and related marks and expressed confidence the company will prevail.
The Pudgy Penguins account on X also posted a meme suggesting its brand does not resemble Original Penguin.
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