PEI Licensing, which manages the Original Penguin apparel brand, has filed a lawsuit against the NFT project Pudgy Penguins, alleging trademark infringement, dilution, and unfair competition.
According to reports, the complaint was filed in a federal court in Florida and claims that Pudgy Penguinsâ branding and merchandise could create confusion with the long-established Original Penguin trademark
PEI Licensing manages intellectual property related to the Original Penguin clothing line, a brand that dates back to the 1950s and is widely recognized for its penguin logo.
The lawsuit alleges that Pudgy Penguins has expanded beyond digital collectibles and entered the consumer merchandise market with products such as toys, clothing and other branded goods
PEI Licensing argues that this expansion overlaps with its own apparel and lifestyle business, potentially misleading consumers into believing the NFT brand is affiliated with or endorsed by Original Penguin.
Pudgy Penguins began as an NFT collection launched on the Ethereum in 2021. The project gained popularity within the crypto community and later evolved into a broader Web3 brand
In recent years, the project has moved into physical products and retail partnerships, including collectible toys that have appeared in major stores.
In the complaint, PEI Licensing claims it previously sent a cease-and-desist notice to the project in 2023 but alleges that the NFT brand continued using penguin-related branding in connection with merchandise
The company argues that this continued use weakens and dilutes the distinctiveness of the Original Penguin trademark.
Legal experts say the case could become another notable dispute at the intersection of traditional intellectual property law and the fast-growing digital asset sector
As NFT projects increasingly expand into mainstream consumer products, conflicts with established brands may become more common.
Representatives of Pudgy Penguins have not publicly detailed their legal response to the lawsuit at the time of writing
The case is expected to proceed through the U.S. court system as both sides present arguments regarding trademark rights and brand identity.
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