The firm behind global brands like Perry Ellis and Original Penguin is suing Pudgy Penguins—the crypto brand born out of the Ethereum $NFT collection of the same name—for trademark infringement, a Wednesday filing in the District Court for the Southern District of Florida shows.
PEI Licensing, which operates the Original Penguin brand, alleged that Pudgy Penguins’ “unauthorized use and attempted registration of various Penguin word and design trademarks” constitutes a violation of laws designed to protect fair competition and trade practices.
The firm, which has been using a penguin design on apparel since at least 1956 and a penguin word mark since 1967, claims that the nascent crypto brand’s conduct “causes damage and irreparable injury to PEI, and to its goodwill and business reputation.”
“[Pudgy Penguins’] use of defendant’s marks is likely to mislead, deceive, and confuse the purchasing public and the trade,” the suit reads. “It is likely that consumers will mistakenly believe that defendant is connected, associated, or in some way affiliated with PEI, when in fact no such connection, association, or affiliation exists.”
To back its claims, the firm provided examples of “immediate similarities” in its apparel and headwear side-by-side with those offered by Pudgy Penguins.
