Think You Can Sell ‘Skittles Weed’? See You in Court — Trademark Law Doesn’t Care About Cannabis’ Illegality
TL;DR: The “illegality defense” is dead. From Skittles to RAW, cannabis copycats keep losing in court. Infringement is infringement.
Some cannabis hustlers think they’re slick. Grab a famous brand, twist the name (Skittles becomes Zkittlez, Oreos turn into Oreoz) and sell it as weed. When the lawsuits land, they play what they think is a get-out-of-jail card: “You can’t sue us, your honor, because cannabis is illegal anyway.”
Spoiler: that card’s worthless. Judges aren’t buying it.
In Colorado, a federal judge just shot down that exact argument in BBK Tobacco & Foods LLP v. J&C Corp.. The defendant was selling THC products under the RAW and Juicy names, marks owned by BBK for rolling papers and accessories. Their defense? That trademark law doesn’t apply because the products at issue are federally illegal. The judge didn’t blink. She said what’s been obvious for years: trademark law doesn’t stop at the dispensary door. If consumers are confused, it’s infringement. Period.
That’s the end of the “illegality defense.”
The Candy Graveyard
This is part of a bigger pattern. Big brands have been marching through the cannabis space with cease-and-desists and lawsuits:
- Mars Wrigley killed off Zkittlez, forcing the company behind the strain and merch to abandon every candy-colored pun. Under a 2023 settlement, Terphogz agreed to stop using the “Zkittlez” name or slogans like “Taste the Z Train” and rebrand entirely.
- Ferrara Candy went after THC candies packaged like Nerds Rope and won in multiple courts. In Illinois, a federal judge ordered cannabis makers of Medicated Bud Bites and Bud Clusters to stop sales and hand over all profits. In California, Tops Cannabis was enjoined from selling Medicated Nerds Rope, forced to destroy its inventory, and surrender net proceeds. Judges stressed the danger of kids mistaking the drugged candy for the real thing.
- Hershey made short work of Colorado edibles like Ganja Joy (a play on Almond Joy) and Hashees (Reese’s). The case ended in settlement, with Hershey requiring a full recall or destruction of products and a permanent stop to the look-alike packaging.
- Mondelez, owner of Sour Patch Kids and Oreo, swatted down Stoney Patch gummies with a federal lawsuit and has sent cease-and-desist letters to growers of Oreoz. The cookie crumbles quickly when corporate lawyers get involved.
Beyond Candy
It’s not just the sugar rush.
The Gorilla Glue Lesson
Back in 2017, Gorilla Glue Co. sued the breeders of the wildly popular cannabis strain Gorilla Glue #4. The glue company argued that plastering its name on weed created consumer confusion and tarnished its brand.
The case never went to trial — the cannabis company settled. But the terms were brutal: they had to stop using the Gorilla Glue name altogether, rebrand the strain as GG#4, and agree to never use “gorilla” imagery again. Years of hype and market recognition evaporated overnight.
That settlement became a cautionary tale in cannabis. Strain names might seem like inside jokes, but when they collide with household brands, courts (and corporate lawyers) won’t laugh. They’ll crush you.
Other Cases
Or take Kiva Health v. Kiva Brands, where a cannabis edibles company tried to argue it used the mark “Kiva” first. The court said nope — federal illegality means your “first use” never counted. Game over.
States and Borders Don’t Save You
Even where cannabis is legal, brand theft gets crushed. Girl Scouts of the USA sent stern letters that made “Girl Scout Cookies” rebrand as GSC overnight. Attorneys general from Connecticut to New York have issued public warnings about Stoney Patch and Stoneo edibles, calling them “unsafe and illegal.” And in Canada, Mars won a Federal Court judgment forcing online shops to stop selling “Skittles” edibles, destroy inventory, and pay damages.
The Bigger Picture
Here’s the reality: cannabis companies don’t get to operate in a lawless bubble. Courts are saying loud and clear:
- The “illegality defense” is dead.
- Consumer confusion rules everything.
- If you rip off brands, you lose.
It doesn’t matter if you’re selling weed, widgets, or waffles. Trademarks exist to protect consumers from confusion and to protect companies from freeloaders. Judges are applying that principle to cannabis like they would to any other industry.
So to the folks still pumping out Zkittlez knockoffs or candy-colored THC gummies: stop fooling yourselves. This isn’t edgy branding. It isn’t activism. It’s just bad business. And if you keep pushing it, the next court order will put your “creative” hustle six feet under.
Photo by Yogendra Singh on Unsplash
Disclaimer: This article is for informational and editorial purposes only. It does not constitute legal advice. For legal guidance, consult an attorney.
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