Miracle-Gro Sues TerraCycle Over Packaging
Published by Joel April 27th, 2007 in DIY, Food. Share This
Something really irks me about the way the CEO of TerraCycle, a small garden products manufacturer who is being sued by the Scotts Miracle-Gro Company, is going about bringing attention to the case on the “Sued By Scotts (dot com)” blog. I can’t quite put my finger on it, especially because it sounds like TerraCycle is being hung out to dry. I think it’s the use of terms like “David vs. Goliath,” the mild character assassination of the Scotts executive dynasty, and the compare-and-contrast charts showing how the CEO of TerraCycle is a hip-happenin’ kid with spiky hair while the CEO of Scotts is a dour exec.
The lawsuit stems from an alleged similarity in packaging between TerraCycle’s worm litter-based “Plant Food” and the Miracle-Gro products because of the use of the colors yellow and green. TerraCycle’s packaging actually uses reclaimed soda pop bottles with a shrink package that, to my eyes, is not easily confused with Miracle-Gro at all. I just wish that “Sued By Scotts” would make a slightly less sarcastic appeal and really focus on the absurdity of Scotts’ case rather than making it personal. It seems to erode their otherwise very valid argument. (All in all that’s a minor quibble; It really does seem as if TerraCycle is getting screwed here and I wish them luck.)
The page that irks me [SuedByScotts.com]
When the Worm Poop Hits the Fan — Market It [AdAge]
I see the point about getting personal in the methodology, however, it is very hard for a small company like TerraCycle that has put alot of ‘blood, sweat, and tears’ not to mention their own money into starting their company not to take this personally. This is a fight for survival on their part; Scott’s survival on the other hand, is not in question and Scott’s methodology is UNFAIR. The cost of trying to defend a small company against frivolous and absurd claims of tradedress infringement such as these cost incredible sums of money that small companies simply do not have.
I know this from firsthand experience; Burt’s Bees vs. Bee Naturals. It really is a David and Goliath situation; I could lose my tiny company of 14 years because of bullies who want it all! These types of forums are our best chance of raising awareness and surviving, and yes, your are correct; TerraCycle IS being hung out to dry.
Lets all be honest about this….. it is TOTALLY Terracycle’s fault for deliberatly copying the basic design of Miracle-Gro, even down to having flowers pictured under the logo, yellow back ground big circle with the name in….. coincidence? I think not. Why can’t new companies be original! You dont see Westland and Miracle-Gro copying each others designs! This is a grown up world and market, if you can’t get your own ideas then don’t bother trying! All consumers will see when they look at a brand like Terracycles is a ‘Cheap copy’ which they would not feel is as good as the ‘Original’. Why should big companies who have fought for years to get where they are - and had NO help from competitors - help out new companies? Thats not fair. They had a great idea with recycling bottles, shame they ruined it by copying a lable design.