Pengu Swim School, LLC v. Blue Legend, LLC

UNITED STATES DISTRICT COURT August 29, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION § PENGU SWIM SCHOOL, LLC, et al., § § Plaintiffs, § § v. § Case No. 4:21-CV-1525 § BLUE LEGEND, LLC, et al., § § Defendants. § MEMORANDUM AND ORDER1 This is a trade dress infringement case.2 The parties are competing swimming schools offering swim lessons to children in the Greater Houston area.3 In this action, Pengu alleged that Blue Legend copied Pengu’s distinctive trade dress and used it in its own swim schools, creating a likelihood of consumer confusion between Pengu and Blue…