The Candy Battle: Mars Wrigley Vs. Zkittlez
A Bitter Taste in the Candy World
In the current corporate world where distinctive branding is the lifeblood, the recent legal face-off between candy titan Mars Wrigley and THC-infused confectionery Zkittlez, produced by Terphogz, has shaken the industry. This article explores the nuances of the trademark infringement lawsuit Mars Wrigley has brought against Terphogz’s Zkittlez.
The Case
Wrigley lodged the complaints on Monday across US federal courts in Illinois and California, and also in Canada. Their demand is simple yet profound: a cessation of Zkittlez products, including goods, drug paraphernalia, clothing, and merchandise. Wrigley is also seeking control over the Zkittlez website and associated social media accounts, demanding that Terphogz relinquishes its trademark application for the brand.
Trademarks & THC
Mars Wrigley is a company that cherishes its reputation for producing fun, family-friendly treats. The Wrigley spokesperson articulated their concerns about the illegal usage of their trademarked brands to sell THC-infused products, highlighting instances of children consuming these products and falling ill.
The Illinois Connection
One of the complaints, filed in the U.S. District Court for the Northern District of Illinois, targets Terphogz and five Illinois-based companies involved in purchasing, advertising, and reselling Zkittlez in the state. Wrigley seeks damages from these entities and requests a permanent injunction against the sale of any products bearing the Zkittlez marks.
Strikingly Similar Marks
Wrigley asserts that the Zkittlez marks are near identical to the Skittles marks in sight, sound, meaning, and commercial impression. Their complaint highlights the red packaging as an illustrative example. Wrigley’s concern lies in the potential consumer confusion this similarity could engender and the subsequent harm to the company’s reputation.
Terphogz is yet to respond to the allegations.
The Dispute Over Packaging and Naming
Mars Wrigley has raised specific concerns about the alleged similarity between the packaging and naming of Skittles and Zkittlez. According to the candy behemoth, the likeness is not merely coincidental but calculated, and it could potentially mislead customers, resulting in a tarnished brand image and dented consumer trust. As the legal battle unfolds, Mars Wrigley appears determined to defend its iconic Skittles, while Zkittlez and Terphogz seem set to resist.
