Penguin Apparel Brand Targets Crypto IP Pudgy Penguins in Trademark Infringement Lawsuit
PEI Licensing, operator of the Original Penguin brand, has filed a trademark infringement lawsuit against Pudgy Penguins—a crypto brand that originated as an Ethereum NFT collection—in the Southern District of Florida. PEI alleges that Pudgy Penguins’ use and attempted registration of penguin-related trademarks, including designs and phrases, violates its rights and causes consumer confusion, potentially implying a false association between the brands. PEI claims to have used its penguin design since 1956 and the word mark since 1967, and argues the goods offered—such as apparel—overlap directly. Despite PEI sending a cease-and-desist letter in October 2023 and opposing Pudgy Penguins’ trademark applications with the USPTO in 2024, Pudgy Penguins continued to use the disputed marks in commerce. PEI is seeking monetary relief, rejection of Pudgy Penguins’ trademark applications, and destruction of infringing products. Pudgy Penguins, since its 2021 launch, has become a major crypto brand, expanding into physical products and accumulating significant sales.
