Scotts versus TerraCycle
TerraCycle Inc — a company started by a college student that sells liquid worm poo fertilizer in recycled pop bottles — is being sued by Scotts makers of Miracle-Gro claiming that the product package designs are too similar and confuse customers “…because some TerraCycle plant foods have a green and yellow label with a circle and a picture of flowers and vegetables on it.” Cause you know how novel and original these style choices are in the garden industry. They have started a blog called “Sued By Scotts” chronicling the lawsuit.
Scotts is also taking issue with the TerraCycle claim that their product is better than “a leading synthetic plant food” while refusing to hand over their test results to Scotts.
I love me some worm poo but have never tried the TerraCycle product since I can get liquid vermicompost produced locally or make it myself. I don’t think I need to tell you that I think Miracle-Gro is a terrible, environmentally unsound product but I gotta say that while I didn’t think it was possible this kind of bullying tactic only further places Scotts front and centre on my shitlist.
Terracycle’s answer to Scotts claim is due today.
Further Reading:
- How Not to Grow a Business - About Scotts with a little more about the suit.
- When the Worm Poop Hits the Fan — Market It - From Advertising Age
- Article from the Oklahoman
May 2nd, 2007 at 11:42 am
you’ve got to be kidding me.
gimme a break, Scotts.
May 2nd, 2007 at 1:19 pm
provided the legal fees and lost time and energy don’t put terracycle under, this should be some great publicity for them.
May 2nd, 2007 at 3:12 pm
This is great — I hadn’t heard about this product but now, thanks to Scotts, I’ll make a point of picking up a bottle.
May 2nd, 2007 at 3:53 pm
Quant: I thought the same thing.
May 2nd, 2007 at 4:32 pm
I had heard about Terracycle sometime last year and loved the idea of using recycled bottles, but had forgotten about them until a little while ago while on a trip to OSH (boyfriend was looking for some kind of screw) I spotted them. Bought a bottle but haven’t used it yet. I will though very soon.
Scotts just can’t wait to disembowel the competition. Jerks.
May 2nd, 2007 at 8:44 pm
It’s crazy how these big corporations are going after the little guy. I can’t believe they’re trying to draw conclusions that the bottles are too similar! Urgh! Laywers!
May 2nd, 2007 at 11:19 pm
Hmmm…Maybe the makers of “Gain fabric softener” should turn around and sue Scotts because their bottle and color looks exactly the same:
http://img.epinions.com/images/opti/1d/c9/Gain_Ultra_Fabric_Softener_-_All_Fragrances-resized200.jpg
May 3rd, 2007 at 3:22 pm
“front and center on my shitlist” - agreed!
May 5th, 2007 at 1:18 pm
Wow, that’s diggin deep for a reason to sue. However, unless they can substantiate the claim that TerraCycle is better than “a leading synthetic” they might be in a bit of trouble.
May 6th, 2007 at 9:22 pm
I let my pocketbook express my disdain for companies like this.
May 9th, 2007 at 3:23 pm
Ridiculous! If that’s the case, the makers of Gain laundry detergent need to sue Miracle Gro for ripping off their packaging.
May 29th, 2007 at 4:40 pm
I live in the same city as Terracycle. Although the worm poop might be a great product, the owners of Terracycle are not.
They are not supporters of the city and are not interested in enriching the city the same way their product claims to enrich gardens.
October 1st, 2007 at 9:58 pm
[…] I received the following update on the Scotts Miracle-Gro versus TerraCycle lawsuit from Scotts over a week ago but was a little freaked that the Scotts PR team would be so eager to get the facts of the settlement out into the world as soon as the verdict came through. Regardless, I figured I might as well mention the outcome given I wrote about this when I first heard about the settlement. The following is a copy of the letter in their own words: With your previous interest and coverage of The Scotts Company and TerraCycle litigation, I wanted to bring to your attention today’s settlement announcement, which is detailed in the following news release. […]