Penguin Apparel Brand Sues Crypto IP Pudgy Penguins Over Trademark Infringement

Penguin apparel brand PEI Licensing has filed a trademark infringement lawsuit against Pudgy Penguins, the popular crypto brand born from an Ethereum NFT collection.

The suit alleges that Pudgy Penguins' use of penguin marks, including phrases like 'I am my penguin and my penguin is me,' and 'Pengu Nation,' causes confusion among consumers. PEI claims that its own penguin marks have been in use since at least 1956, making it a long-standing trademark owner.

The lawsuit also states that despite a cease-and-desist letter sent to Pudgy Penguins as early as October 2023, the crypto brand continued to use PEI's marks on apparel and other products. PEI is seeking monetary relief, including all profits from Pudgy Penguins' sales of items using similar marks.

PEI has also filed opposition notices to at least two of Pudgy Penguins' trademark applications with the United States Trademark and Patent Office in 2024.