PEI Licensing, the company behind the Original Penguin apparel brand, has filed a trademark infringement lawsuit against the crypto brand Pudgy Penguins in the U.S. District Court for the Southern District of Florida.
The firm alleges that Pudgy Penguins used “unauthorised” penguin word marks and design trademarks that could mislead consumers into believing the crypto brand is affiliated with its long-established apparel business.
“Pudgy Penguins’ use of defendant’s marks is likely to mislead, deceive, and confuse the purchasing public and the trade,”
The lawsuit states.
PEI Licensing said it has used a penguin logo on clothing since at least 1956 and a penguin word trademark since 1967, and argues the crypto brand’s similar branding damages its reputation and goodwill.
The complaint also references trademark applications by Pudgy Penguins for phrases such as:
“I am my penguin and my penguin is me”
And “Pengu Nation” for apparel and related goods.
PEI said it first issued a cease-and-desist letter to Pudgy Penguins in October 2023 and later filed trademark opposition notices in 2024 with the U.S. Patent and Trademark Office.
The company is seeking monetary damages, the rejection of Pudgy Penguins’ trademark applications, and the destruction of any products that allegedly infringe on its penguin branding.
At the time of reporting, Pudgy Penguins price was $0.007104.