Skittles Maker Files Trademark Infringement Lawsuits

The maker of Skittles, M&Ms, and Life Savers candies is taking legal action over THC-infused products and promotional clothing, alleging infringement of company trademarks.

On Monday, May 3, Mars Wrigley filed a series of complaints against Zkittlez maker Terphogz and others in California, Illinois, and Canada alleging trademark infringement of the Skittles brand Wrigley has cultivated for close to half a century.

“Like other consumer packaged goods brands, Mars Wrigley brands are being used without authorization to create fake THC packaging,” states a press release. “Which is sold empty and then filled with THC-infused candies to market and sell THC products that look substantially like genuine candies.”

Mars Wrigley condemned the unauthorized use of popular candy brands to sell THC products, calling the practice grossly deceptive and irresponsible.

Get Off My Intellectual Property

In a 63-page Trademark Trial and Appeal Board filing, Wrigley outlines details of the Skittles brand trademark infringement by Terphogz, including unauthorized use of its federally-registered logo and slogan.

Zkittlez merchandise

Zkittlez merchandise.

Claiming dilution and infringement of the Skittles mark, the document presents as evidence a string of images showing a variety of products and promotional images sporting the Zkittlez logo.

“Terphogz is in the business of selling cannabis, drug paraphernalia, and promotional merchandise,” states the filing. “Rather than create its own brand architecture, Terphogz simply helped itself to Wrigley’s famous SKITTLES Marks, picking “ZKITTLEZ” as the name of its drugs, knocking off Wrigley’s federally registered TASTE THE RAINBOW slogan, and even copying Wrigley’s S logo.”

In the filing, Wrigley notes that it has invested nearly 50 years and hundreds of millions of dollars to carefully cultivate the goodwill symbolized by the Skittles mark.

Wrigley says that its “Taste the Rainbow” campaign has become one of the longest-running and most successful campaigns in advertising history.

The lawsuits seek millions of dollars in damages, termination of Zkittlez’s online presence, and a permanent injunction on all sales of Zkittlez products, including clothing, paraphernalia, and other merchandise.