PEI Licensing has filed a lawsuit against Pudgy Penguins, accusing the company of infringing its trademark rights on the penguin word mark and design. PEI claims it has used the penguin trademark since 1967 and a penguin design on apparel since 1956. The company asked the court to order the USPTO to reject Pudgy Penguins’ trademark applications and halt what it describes as consumer confusion. Pudgy Penguins stated it was surprised by the lawsuit and expressed confidence in prevailing, having already secured multiple trademark application approvals from the USPTO.
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