Re: Scott's Lawsuit

**"* P* <r*@comcast.net>**

Got the same canned response...

Sandie Parrott

----- Original Message ----- 
From: "Lynn Jenkins" <ljenks@tds.net>
To: "Garden Writers -- GWL -- The Garden Writers Forum" 
<gardenwriters@lists.ibiblio.org>
Sent: Saturday, May 12, 2007 5:55 PM
Subject: Re: [GWL] Scott's Lawsuit

> 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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