Candy manufacturer, Wrigley has filed a lawsuit in the Illinois Northern District Court against maker of THC-infused candy Zkittlez, Terphogz for trademark infringement.
The plaintiff alleges that the defendant is using a similar logo and its slogan “Taste the Rainbow” on its Skittles candy without permission or authorization.
According to the lawsuit, the defendant website sells cannabis and cannabidiol-related goods, drug paraphernalia, clothing, and merchandise to Illinois residents under the marks Zkittlez, Taztetheztrainbro, Zkittlez Hemp, Zkittlez Hemp & Cloud Design, and a Z logo.
The plaintiff reportedly said that the defendant marks are identical in sight, sound, meaning, and commercial impression to Wrigley’s Skittles marks.
The plaintiff reportedly said that Terphogz uses the same distinctive red colour featured on the packages of Skittles candy and the same colours of Skittles candy in connection with advertising, selling, and distributing its Zkittlez goods.
The plaintiff reportedly claimed that it has invested about 50 years and millions of dollars to promote the goodwill portrayed by the Skittles mark.
The plaintiff alleges that the infringement has caused lots of damages, confusion and unfair competition.
The plaintiff is accusing Terphogz of false designation of origin, unfair competition, trademark dilution, cybersquatting, and related claims.
The plaintiff seeks an order to halt the defendant’s use of the marks; an award for damages, costs, and fees; and other relief.
The case is pending.
WM. Wrigley Jr. Company v. Terphogz, LLC et al
|Court:||Illinois Northern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||May 03, 2021|