Open Letter to Me from the Scotts Fertilizer Company
9/26/07 11:01 am
Earlier this year, you shared with us your comments regarding litigation between Scotts and TerraCycle. We respect your thoughts and opinions on the lawsuit. To help keep you updated on recent activity, we wanted to let you know that TerraCycle and Scotts reached a settlement agreement last week. The announcement was made in a joint news release, which is included below for your reference.
In the settlement, TerraCycle recognized that Scotts brought the case based on a valid need to ensure truth in advertising and agreed that it will stop claiming that TerraCycle products are superior to Miracle-Gro. More specifically, TerraCycle has agreed that it will not claim that its products are better than, or more effective than, or as good as Miracle-Gro products. Additionally, TerraCycle may not claim that any independent tests or university studies were conducted to support any such claims.
In terms of the trade dress, the Court recognized that the Miracle-Gro trade dress is a strong and famous trademark. TerraCycle has agreed to change its packaging so it will not use a green and yellow color combination, for which Miracle-Gro owns a trademark registration.
While there was a fair amount of publicity regarding the litigation, we felt it important to make you aware of the merits and outcome of the case. Scotts appreciates businesses like TerraCycle and the products they bring to the lawn and garden marketplace. We wish Mr. Szaky and his colleagues much success in the future.
Su Lok
The Scotts Miracle-Gro Company
Earlier this year, you shared with us your comments regarding litigation between Scotts and TerraCycle. We respect your thoughts and opinions on the lawsuit. To help keep you updated on recent activity, we wanted to let you know that TerraCycle and Scotts reached a settlement agreement last week. The announcement was made in a joint news release, which is included below for your reference.
In the settlement, TerraCycle recognized that Scotts brought the case based on a valid need to ensure truth in advertising and agreed that it will stop claiming that TerraCycle products are superior to Miracle-Gro. More specifically, TerraCycle has agreed that it will not claim that its products are better than, or more effective than, or as good as Miracle-Gro products. Additionally, TerraCycle may not claim that any independent tests or university studies were conducted to support any such claims.
In terms of the trade dress, the Court recognized that the Miracle-Gro trade dress is a strong and famous trademark. TerraCycle has agreed to change its packaging so it will not use a green and yellow color combination, for which Miracle-Gro owns a trademark registration.
While there was a fair amount of publicity regarding the litigation, we felt it important to make you aware of the merits and outcome of the case. Scotts appreciates businesses like TerraCycle and the products they bring to the lawn and garden marketplace. We wish Mr. Szaky and his colleagues much success in the future.
Su Lok
The Scotts Miracle-Gro Company
posted by expediency101 at 1:06 PM
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