PEI Licensing, the company behind the clothing brand Original Penguin, has filed a trademark lawsuit against the NFT project Pudgy Penguins, alleging infringement related to apparel merchandise. The complaint, filed in a Florida federal court, claims the project used penguin-themed branding that is confusingly similar to trademarks long associated with the Original Penguin clothing label.
According to the filing, PEI Licensing has used the “Penguin” word mark since at least 1967 and introduced its penguin design on apparel as early as 1956. The company argues that Pudgy Penguins’ clothing products and trademark applications replicate a family of penguin marks that could mislead consumers and dilute the established brand. PEI said it previously issued a cease-and-desist letter in October 2023, requesting the NFT project halt the use of similar marks and withdraw pending trademark applications.
Pudgy Penguins has rejected the claims, stating that the designs are visually distinct and aimed at different audiences. The company said it has already received several trademark application approvals for its brand from the US Patent and Trademark Office. The dispute highlights growing legal friction as crypto-native brands expand into consumer merchandise, bringing them into direct competition with long-established fashion trademarks.
