Skittles owner Mars Wrigley is taking Terphogz to court for branding its knockoff, THC-laced candy as Zkittlez. The two names, packaging and logo, are “confusingly similar,” Mars Wrigley alleges.
“Terphogz’s Zkittlez Marks are substantially identical in sight, sound, meaning, and commercial impression to Wrigley’s Skittles Marks,” the filing says, citing the red packaging as an example.
The company has filed lawsuits in U.S. federal courts of Illinois and California and Canada, objecting to the sale of Zkittlez goods, drug paraphernalia, clothing, and merchandise. It is also seeking damages from five Illinois-based companies that purchase, advertise and resell Zkittlez in the state.
The Skittles maker is asking the court to place a permanent injunction on the sale of any products using Zkittlez marks and hand over any products or merchandise that display the marks, CNBC reported. Additionally, the company wants to have the Zkittlez website transferred, its social media accounts disabled and Terphogz to withdraw its trademark application.
“At Mars Wrigley we take great pride in making fun treats that parents can trust giving to their children and children can enjoy safely. We are deeply disturbed to see our trademarked brands being used illegally to sell THC-infused products, and even more so to hear of children ingesting these products and becoming ill,” a Mars company spokeswoman told CNBC.
