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 …
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Author: Javier Hasse / High Times
