This post written by Harris Bricken attorney Fred Rocafort was originally published on July 20, 2023 on The Trademark Lawyer website and is republished here with their permission.
Candymaker Wrigley and Terphogz, LLC have reached a settlement in a high-profile lawsuit over Terphogz’s use of the mark ZKITTLEZ on cannabis products and other merchandise such as clothing (WM. Wrigley Jr. Co. v. Terphogz, LLC, No. 21-CV-02357 (N.D. Ill. July 3, 2023)). Wrigley argued that Terphogz infringed on its SKITTLES trademarks, including its tagline TASTE THE RAINBOW and its S logo. As part of the settlement agreement, Terphogz has agreed to immediately cease all use of the ZKITTLEZ marks, including TAZTETEHZTRAINBRO, ZKITTLEZ HEMP, and ZKITTLEZ HEMP & Cloud Design.
Wrigley’s suit, filed in 2021, alleged trademark infringement, false designation of origin, unfair competition, trademark dilution under both federal and Illinois law, and violation of the Federal Anti-Cybersquatting Consumer Protection Act as well as the Illinois Uniform Deceptive Trade Practices Act. Also named in the lawsuit were five businesses allegedly reselling products bearing the ZKITTLEZ marks. Pursuant to the parties’ agreement, the court enjoined Terphogz from using the ZKITTLEZ marks.
This case is just one of many involving the use of famous
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