Wrigley Lawsuit Prevails to Keep Skittles Brand off Cannabis Products

Terphogz, the maker of Zkittlez, reached a settlement with confectioner, Wrigley, where they agreed that they will stop using advertising slogans, names, and websites that closely resemble the Skittles candy brand. Zkittlez makers will also be discontinuing their product line (1).

Representatives from both companies did not respond to requests for comment when Reuters (2) first reported about the settlement.

In May 2021, Mars Wrigley sued Terphogz (1). The candy maker claimed that the cannabis company was damaging the “nearly 50 years and hundreds of millions of dollars” Mars Wrigley invested in “cultivating the goodwill symbolized by the SKITTLES mark,” (1).

Although a settlement was reached, both the settlement and [permanent injunction require court approval.

A hearing has been scheduled for July 12, 2023, as reported by MJBizDaily (1).

This isn’t the first attempt Wrigley has taken a cannabis to court. They have proven to be successful through court channels to keep cannabis companies from utilizing their brands to sell cannabis products (1). Other organizations have also taken similar legal measures such as, the Hershey Co. (3), the Girl Scouts of America, makers of Tapatio hot sauce, and the Gorilla Glue Corp. (4).

References

1. Roberts, C. Wrigley Wins Lawsuit to Keep Skittles Name Off Marijuana Products https://mjbizdaily.com/wrigley-wins-lawsuit-to-keep-skittles-name-off-marijuana-products/ (accessed Jul 14, 2023).
2. Stempel, J. Skittles Maker Wrigley Settles with Cannabis Company Over Trademark https://www.reuters.com/legal/skittles-maker-wrigley-settles-with-cannabis-company-over-trademark-2023-07-03/ (accessed Jul 14, 2023).
3. Schroyer, J. Candy & Cannabis: Hershey’s Renews Trademark Legal Disputes with Marijuana Businesses https://mjbizdaily.com/new-legal-threats-hersheys-raise-specter-trademark-lawsuits/ (accessed Jul 14, 2023).
4. Nichols, K. Hot Sauce and Glue: Why Marijuana and Hemp’s Intellectual Property Rights Are Getting Hotter and Stickier https://mjbizdaily.com/hot-sauce-glue-marijuanas-intellectual-property-rights-getting-hotter-stickier/ (accessed Jul 14, 2023).