Summary: Wrigley, the manufacturer of Skittles candies, has resolved a legal dispute with Terphogz LLC, a retailer of cannabis-related products. The lawsuit alleged that Terphogz infringed on Wrigley’s trademark by selling items under the name “ZKITTLEZ.” As part of the settlement, Terphogz has agreed to refrain from using the terms Skittles, Zkittlez, or any similar terms for cannabis-related sales and to cease using slogans similar to Skittles’ slogan “Taste the Rainbow.”
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Wrigley Settles with Terphogz Over “ZKITTLEZ” Trademark Infringement
Wrigley, the manufacturer of Skittles candies, has resolved a legal dispute with Terphogz LLC, a retailer of cannabis-related products. The lawsuit alleged that Terphogz infringed on Wrigley’s trademark by selling items under the name “ZKITTLEZ.”
To resolve the matter, Terphogz has agreed, as part of a proposed permanent injunction, to refrain from using the terms Skittles, Zkittlez, or any similar terms for cannabis-related sales. Additionally, Terphogz will cease using slogans such as “Taste the Z Train” and “Taste the Strain Bro,” which Wrigley deemed too similar to Skittles’ well-known slogan “Taste the Rainbow.”
Furthermore, Terphogz has consented to relinquish ownership of the domain name zkittlez.com, although it may still incorporate the letter “Z” as long as it does not cause confusion. The settlement is currently awaiting approval from the court. This case highlights the importance of trademark rights and the potential legal pitfalls for cannabis companies that may inadvertently infringe upon established brands.
Wrigley, a Chicago-based unit of privately-held Mars Wrigley, had accused Terphogz of undermining nearly 50 years of goodwill generated by the Skittles brand with its “freewheeling use” of Skittles marks to sell cannabis, drug paraphernalia, and other merchandise, some of which also carried a rainbow theme.[Source: Cannabis Business Executive]
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