Zkittlez will have to change its name

Terphogz LLC, the company that owns the Zkittlez brand, has agreed to a permanent court ruling that it will no longer use the terms Skittles, Zkittlez or similar terms to sell cannabis-related products, Reuters reported yesterday.

This decision follows a trial in which Wrigley, the producer of Skittles colorful fruity candies, has accused Terphogz of trademark infringement.

Terphogz LLC accepts permanent injunction

Terphogz will also stop using slogans such as «Taste the Z Train» and «Taste the Strain Bro», which Wrigley deemed too similar to Skittles« long-standing slogan »Taste the Rainbow".

In addition, Terphogz has agreed to relinquish the zkittlez.com domain name, although it may continue to use the letter «Z» if there is no confusion. Terphogz already uses «The Original Z» on its packaging.

The proposed settlement must still be approved by the court. Counsel for Wrigley and Terphogz have not yet responded to requests for comment.

Wrigley, a subsidiary of privately held Mars, claims that Terphogz has damaged nearly 50 years of Skittles brand awareness by «unfettered use» of Skittles trademarks to sell cannabis, consumer accessories and other products, some of which also carry the rainbow theme.

The announcement of the legal action was made two years ago, in May 2021, followed by a response from the breeder. In November 2021, a judge rejected Terphogz's request to dismiss the case.

Terphogz, headquartered in Mendocino, California, has stated that it does not sell cannabis itself, but licenses its intellectual property rights to other companies that legally sell cannabis, court documents show.

Other varieties such as Girl Scout Cookies - now GSC - or the Gorilla Glue - now GG4 - have also had to change their names following legal proceedings.