Wrigley, the maker of the candy Skittles, has settled a lawsuit accusing cannabis-related company Terphogz LLC of copyright infringement for marketing products under the name “ZKITTLEZ.”
According to a Reuters report, under a proposed permanent injunction filed on Monday in Chicago federal court, Terphogz agreed not to use "Skittles," "Zkittlez," or any similar names in cannabis-related sales to ensure the protection of Wrigley’s trademark.
It will stop using slogans such as "Taste the Z Train" and "Taste the Strain Bro” due to their similarity to Wrigley’s slogan for its Skittles product “Taste the Rainbow.”
Terphogz also agreed to give up the domain name zkittlez.com but retains the right to use the letter “Z” in certain circumstances, Reuters reported.
The settlement reportedly still requires the court’s approval.
Wrigley had accused Terphogz of undermining its Skittles brand by its “freewheeling use” of its marks and a rainbow theme to sell cannabis, marijuana paraphernalia, and other merchandise.
When the company filed its lawsuit, Wrigley also reportedly argued that cannabis businesses that use candy-company trademarks created a risk for children, who could confuse marijuana products for candy.
Per the Reuters report citing court papers, Mendocino, California-based Terphogz claimed it did not sell cannabis but that it licenses its intellectual property rights to other companies that sell cannabis legally.
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