On Tue, 28 Aug 2007 12:16:15 -0500, zxcvbob
wrote:
Pennyaline wrote:
Persephone wrote:
At this Web site
http://suedbyscotts.com/
you will find details of an infamous lawsuit by
Scott's against tiny Terracycle, a company
that sells liquid worm poop.
Many of us use worm castings or liquid version
in our gardens; we know how efficacious it is.
Why giant Scott's would take out after a tiny
organic company that is no threat to their market
share is hard to fathom.
But if you go to the Web site and read up on the
history, you may be as upset as moi with the unfairness
of the lawsuit. Perhaps you will take a minute to send Terracycle a
message of support.
Camel is trying to get its nose into the tent...
Note: This came to my attention via the Jim Hightower
newsletter. Jim is a good ole' boy who gleefully outs the
"malefactors of great wealth", aka the bad guys, in his monthly
newsletter. Go to http://jimhightower.com/
Persephone
Terracycle's packaging is very similar is color and design to Scott's.
Scott's is concerned that consumers will misperceive the Terracycle
product for the more familiar Scott's and mistake it for a Scott's product.
But why this means that Scott's must destroy Terracycle is beyond me.
David is not always right and Goliath always wrong, but I read thru the
legal filings and I think Scott's is gonna lose this one bigtime on the
trademark abandonment issue.
Scott's must destroy Terracycle because J. Hagedorn (CEO of Scott's) is
a self-proclaimed bully and is proud of it. I think he assumed
Terracycle was too small to fight back.
Not a lawyer,
Bob
In reply to my email to them, I received a lengthy blurb from
Scott's, see below.
It isn't very convincing.
Fahevvinsake, since when can't Product A claim it is superior to
Product B!!!
Persephone
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From:
Date: Wed, 29 Aug 2007 18:13:45 -0400
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.
http://www.scotts.com/scotts-sites/a...vent/socialres
ponsibility
Again, thanks for giving us your thoughts.
Ref # 6540391
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