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TerraCycle sued by Scotts Miracle-Gro
TerraCycle's test data are considered proprietary. If Rutger's U did an independent test, that should be good enough. Both parties can have an independent arbitor do an independent test.
I just don't see that the two products packaging looks alike.
http://www.suedbyscotts.com/uploaded_images/MC-comparison-780432.gif
The Scotts Miracle-Gro Company, a $2.2 billion assets giant which has at least a 59% share of the relevant market, has sued tiny TerraCycle, Inc., an inner-city company founded by college students to create an eco-friendly business. TerraCycle manufactures all-natural garden products by feeding organic waste to worms and bottling the resulting worm poop compost tea as ready-to use plant food in soda bottles collected by schools and other charities across North America. TerraCycle is located in the Urban Enterprise Zone of Trenton, New Jersey.
Scotts claims that the two companies' products look similar and will 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.
Scotts also objects that TerraCycle says its plant food is as good or better than "a leading synthetic plant food" and is refusing Scotts' demands that TerraCycle hand over its scientific tests conducted at the Rutgers University EcoComplex to Scotts' scientists and lawyers. Scotts refuses to turn its tests over to TerraCycle.
TerraCycle's test data are considered proprietary. If Rutger's U did an independent test, that should be good enough. Both parties can have an independent arbitor do an independent test.
I just don't see that the two products packaging looks alike.
http://www.suedbyscotts.com/uploaded_images/MC-comparison-780432.gif
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