Miracle-Gro Sues TerraCycle Over Packaging

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]