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A marijuana company is accused of a “freewheeling” use of the Wrigley Co.’s Skittles’ colorful mark, slogan and logo, according to a recent lawsuit filed by the candy giant against Terphogz LLC, a California company that markets marijuana products.
Terphogz’s use of Wrigley’s Skittles brand for its “ZKITTLEZ” products “has been enormously successful” and the company “has reaped enormous profits” as a result, (b)ut those ill-gotten gains have come both at the expense of the public which believes that Wrigley approves the ZKITTLEZ goods being peddled by Terphogz and at the expense of Wrigley which has lost control over the reputation of its SKITTLES Marks,” according to the lawsuit, filed this month in a federal court in Chicago.
The suit includes photos of both brands, drawing similarities in that both brands use bright colors and similar fonts on packaging and more.
Wrigley’s suit says the confusion over candy and marijuana poses a danger to children and that Illinois recently enacted legislation “prohibiting cannabis companies from disseminating advertising or packaging for cannabis or cannabis-related products that imitates candy labeling or packaging,” the suit states.
The candy company is asking for a permanent injunction and that the court order the marijuana brand to abandon its trademark application, website and more, and pay attorney’s fees and court costs.
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