Perry Ellis' parent company is suing Thom Browne over penguin designs

By

Obi Anyanwu

Published
Sep 19, 2017

Original Penguin is very particular about its logo. The brand’s parent company, PEI Licensing, this month filed a lawsuit against Thom Browne for copyright infringement.

 
The suit claims that the American designer’s use of penguins in his fall 2017 collection infringes on the Original Penguin logo, dilutes the Original Penguin brand and creates confusion for its customers. The company also claims that it had sent a letter on July 19 to Thom Browne informing the label of its infringement.
 
PEI Licensing currently owns 22 penguin trademarks with the US Patent and Trademark Office in Washington DC, in which some trademarks have been used longer than the office has existed.

In addition, PEI Licensing is seeking an injunction against continued sales and seeks damages equal to all profits that Thom Browne has earned since using the penguin design, lost profits incurred by the company due to the infringement, and attorney’s fees and costs.
 
The Honorable Edmond E. Chang is presiding over the lawsuit in Illinois Northern District Court.