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Skittles proprietor Mars is suing THK-laced Zkittlez for trademark infringement

Posted on May 4, 2021 by

Cone logo at the entrance to the supermarket trading place.

Igor Golovniov | SOPA pictures | LightRocket | Getty Images

Mars Inc.’s Wrigley unit, owner of Skittles, Starburst and Life Savers candy, filed trademark infringement complaints against Terphogz, the maker of THC-infused candy Zkittlez.

Lawsuits were filed in U.S. federal courts in Illinois, California and Canada on Monday to stop sales of Zkittlez merchandise, drug paraphernalia, clothing and merchandise.

“At Mars Wrigley, we take great pride in making fun treats that parents can trust when giving their children and children can safely enjoy them. We are deeply concerned that our brands are illegal to sell THC -infused products are used, and even more hear from children who take these products and get sick, “a spokeswoman for the Mars company said in an email.

THC is the psychoactive compound in cannabis.

One of the complaints filed in the U.S. District Court for the Northern District of Illinois named Terphogz and five Illinois-based companies buying, promoting, and reselling Zkittlez in the state.

In the court record, the Skittles maker is demanding compensation from Terphogz and its resellers and calling on the court to issue a permanent order over the sale of Zkittlez-branded products and to hand over the branded products or goods.

In addition, Wrigley hopes that the Zkittlez website will be rolled over to them and all social media accounts will be disabled and that Terphogz will withdraw its trademark application for the brand.

“Terphogz ‘Zkittlez trademarks are essentially identical to Wrigley’s Skittles trademarks in visual, sound, meaning, and commercial feel,” the file said, citing the red packaging.

Wrigley said it was concerned that the similar product names could confuse consumers and damage the company’s reputation.

Terphogz did not immediately respond to a request for comment.

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