On 9/29/07 3:56 PM, in article ,
"enigma" wrote:

Persephone wrote in
:

Sad to say, Scott's appears to have crushed Terracycle.
Or am I misreading the below? From what I see, Terracycle
agrees , inter alia, "not to claim that its products are
better than, or more effective than, or as good as
Miracle-Gro products."

Whatthehell? Since when can't a manufacturer say their
product is better than another??

you are not allowed to mention other products by name, since
at least the 1970s.

Any lawyers here to weigh in what appears to be a complete
obeisance by TerraCycle to Scott's rear portion?

it looks to me like TerraCycle couldn't afford to continue
trying to fight. they made a settlement, which means the case
was not decided by a court, but rather between the parties
lawyers.
i would rather have TerraCycle back down a bit, change the
color of their packaging & not mention Miracle-Gro, and still
keep their product on the market than have them get all self-
righteous & go bankrupt tilting at windmills. let's face it,
Scotts has a lot more money to fund a lawsuit than TerraCycle
does!
lee

Well said.