PEI Licensing sues Pudgy Penguins over penguin trademarks

PEI Licensing, the company behind Original Penguin, filed a lawsuit in a Florida federal court on Wednesday accusing the NFT project Pudgy Penguins of trademark infringement, dilution and unfair competition. The complaint alleges the project is using a “family of penguin trademarks that are confusingly similar” to PEI’s marks and states: “This action results from Defendant’s unauthorized use and attempted registration of various PENGUIN word and design trademarks in connection with apparel and related goods and services that are confusingly similar to PEI’s federally registered and famous PENGUIN and penguin design trademarks.” PEI’s filing says the company used the PENGUIN word mark at least as early as 1967 and first used a penguin design on apparel as early as 1956.

The suit also notes PEI sent a cease and desist to Pudgy Penguins in October 2023, asking the NFT project to abandon applications with the US Patent and Trademark Office.

United States, Florida

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