Terphogz LLC, which owns the Zkittlez brand, has accepted a permanent court order agreeing to no longer use the terms Skittles, Zkittlez, or similar terms to sell cannabis-related products. reported Reuters yesterday.
The move follows a lawsuit in which Wrigley, the maker of colorful fruity Skittles candy, accused Terphogz of trademark infringement.
Terphogz LLC accepts permanent injunction
Terphogz will also stop using slogans such as “Taste the Z Train” and “Taste the Strain Bro”, which Wrigley felt were too similar to Skittles’ longtime slogan “Taste the Rainbow”.
Additionally, Terphogz has agreed to relinquish the zkittlez.com domain name, although it may continue to use the letter “Z” if there is no confusion. Terphogz also “already uses The Original Z” on its packaging.
The proposed settlement still needs to be approved by the court. Attorneys for Wrigley and Terphogz have not yet responded to requests for comment.
Wrigley, a subsidiary of privately held Mars, claims Terphogz damaged nearly 50 years of Skittles brand awareness by “unfettered use” of Skittles’ marks to sell cannabis, consumables and other products. products, some of which also carry the rainbow theme.
The announcement of the legal action was made two years ago, in May 2021, followed by a response from the breeder. In November 2021, a judge denied Terphogz’s request to dismiss the case.
Terphogz, headquartered in Mendocino, Calif., said it does not sell cannabis itself, but licenses its intellectual property rights to other companies that sell cannabis legally. , as court documents show.
Other varieties such as Girl Scout Cookies – now GSC – or Gorilla Glue – now GG4 – also had to change their names following legal proceedings.
