7/10/23 – Mendocino County, CA: California cannabis brand Terphogz has released the following statement regarding its settlement with Mars Wrigley. “After using the ‘Zkittlez’ mark for over 10 years with no complaints from the candy maker, we welcomed the opportunity to resolve any trademark concerns with Wrigley. We want to let consumers know they can still enjoy our unique and highly sought-after cultivar under the name ‘The Original Z.’”
The brand is famous for developing a cannabis strain known as Zkittlez. In 2021 Wrigley sued Terphogz in Chicago federal court for trademark infringement, demanding Terphogz “never use the letter Z by itself or combined with any letters or numbers,” as well as pay $250,000 in damages. The brand rejected Wrigley’s demands as unsupported by federal trademark law and a violation of its first amendment rights.
Last week, the case against Terphogz was settled with no financial damages awarded to Wrigley. Per the settlement, Terphogz agrees to cease using the name “Zkittlez” and its “circle Z” branding, but will continue to use the name, “The Original Z,” as well as its iconic “Z” logo.
Terphogz’s attorney stated, “It’s important to distinguish between pirates that Wrigley separately sued who sell adulterated candy or who use Wrigley’s registered trademarks and copy Wrigley packaging.” When it first issued the complaint against Terphogz, Wrigley brought lawsuits against five other companies for violation of its intellectual property rights. In one such case, another company selling THC-laced candies awarded Wrigley $2 million in damages for trademark infringement.
Ironically, Wrigley’s candy ingredients have been recently called into question by California lawmakers, who proposed a ban on Wrigley candy products in California for ingredients that have been found to be harmful to children and adults. With this settlement, the legal battle between Terphogz and Wrigley comes to a definitive end. At the same time, it appears Beau Wrigley’s problems with cannabis have just begun as a fraud case moves forward against his cannabis company in Florida.
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