Re: Scott's Lawsuit

**L* J* <l*@tds.net>**

Some of you may have already contacted Scott's...but below is their 
response to my email.
The only comment I'd make on it, is their "commitment to the 
environment"...I believe they talk out of both sides of their, um, face.

Lynn
Lynn Jenkins, publisher
Indiana Living Green, Inc.
a Hoosier's guide to a sustainable lifestyle
www.IndianaLivingGreen.com

>Thank you for sharing your comments regarding the litigation between 
>Scotts and TerraCycle. We at ScottsMiracle-Gro value your input and 
>appreciate you taking the time to express your thoughts.
>
>There has been a fair amount of misinformation in the media about 
>the lawsuit. Since this has deflected from the true merits of the 
>case, we felt it important to mention several points to help provide 
>more context around the litigation.
>
>Scotts was founded nearly 140 years ago and has built its business 
>on providing quality lawn and garden products that consumers know 
>and trust. Just 10 years ago, Scotts merged with Miracle-Gro, which 
>was founded in 1951 by Horace Hagedorn, the father of Scotts current 
>CEO, Jim Hagedorn. Miracle-Gro was a true entrepreneurial success 
>story, so we respect and applaud businesses that, like TerraCycle, 
>are characterized by an entrepreneurial spirit. The products they 
>bring to the marketplace make for healthy competition in the lawn 
>and garden industry, which is good for consumers and keeps us on our 
>toes and prevents us from being complacent.
>
>However, it is important that businesses in our industry (or any 
>industry for that matter) regardless of size, speak the truth and 
>not mislead the public with false statements, PR tactics and 
>unsupportable marketing hype. We sued TerraCycle because it falsely 
>claims that it is superior to Miracle-Gro. False advertising harms 
>our business but is also bad for the consumer and the entire lawn 
>and garden industry.
>
>Another part of the lawsuit addresses similarities in packaging 
>between Scotts and TerraCycle. In its public comments, TerraCycle 
>has focused completely on Scotts' packaging-related claim and has 
>circulated photos of products that are not even part of Scotts' 
>lawsuit. A comparison of the packaging of the actual products at 
>issue shows that TerraCycle's packaging is confusingly similar to 
>Miracle-Gro's, which once again hurts our business and misleads and 
>confuses the consumer. In addition, if we fail to act to protect the 
>trade dress in which we have been investing for years, we risk 
>losing the protections provided by federal trademark law.
>
>Finally, TerraCycle might have you believe that ScottsMiracle-Gro is 
>not active in the organic marketplace. The truth is, 
>ScottsMiracle-Gro is a leader in this area. We recycle more than 3 
>billion pounds of organic material for use in our products every 
>year. We also have an organic line of products, which includes lawn 
>fertilizer, potting mix and plant food. For us, it's about giving 
>consumers a choice. And whether it's organic or conventional 
>products, we believe in educating consumers on the appropriate use 
>of lawn and garden products in maintaining a healthy environment. If 
>you are interested in learning more about our commitment to the 
>environment, the following link will provide you with additional information.

At 11:11 PM 5/1/2007, you wrote:
> > I would appreciate a web location where I can look at pictures of 
> the actual
> > products in dispute and make up my mind. Is this truly a product
> > infringement or not? My experience having seen a number of cease 
> and desist
> > letters from a number of companies including those from Google is that
> > eventually the result will be that small company will lose to the company
> > with the deepest pockets.
>

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