After using the 'Zkittlez' mark for 10 years with no complaints from the candy maker, Terphogz said it has now resolved any trademark concerns with Wrigley, which sued the company in 2021.
"We want to let consumers know they can still enjoy our unique and highly sought-after cultivar under the name 'The Original Z,'" the company said in a statement.
The brand is known for developing the cannabis strain "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 agreed 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.
"It's important to distinguish between my clients and unregulated pirates that Wrigley sued separately who sell adulterated candy or who use packaging identical to Wrigley's including their registered trademarks," said Terphogz's attorney Timothy Alger.
When it issued the complaint against Terphogz, Wrigley brought lawsuits against five other companies for violations of intellectual property rights. In one such case, another company selling THC-laced candies awarded Wrigley $2 million in damages for trademark infringement, according to the company.
