David vs. Goliath? Miracle-Gro Sues TerraCycle
I recently profiled the success of TerraCycle, the New Jersey corporation selling worm tea from vermicomposting in reclaimed plastic soda bottles. Looks like bigger corporations are starting to notice Terra Cycle–and not in a good way.
The Scotts Miracle-Gro Company has filed a suit against TerraCycle, claiming their plant food bottle looks too much like their own Miracle-Gro bottles; both bottles, though dramatically different, both have yellow and green on their lables along with pictures of flowers and vegetables. Interestingly, at least 120 other lawn and garden products currently on the market also have green and yellow packaging.
Scotts is also demanding that TerraCycle hand over results of scientific tests conducted at Rutgers University that support the eco-friendly company's claim that their plant food is "as good or better than the leading synthetic plant food", although Scotts has refused to hand over their own similar study to TerraCycle.
Further investigation notes that Scotts, whose annual sales total an estimated $2.2 billion, has sued 20 different competitors for infringement of intellectual property in the past ten years. TerraCycle, whose annual sales came in at an estimated $1.5 million, has started a blog documenting the David versus Goliath drama. You can find more information there, including information on how you can help.


May 3rd, 2007 at 8:13 pm
From that photo, Miracle Grow’s bottle looks like most laundry detergent bottles, it’s just scaled down a little. On a design note, who would put liquid that comes directly out of a NEON green bottle into their plants. It’d be interesting to see their focus group reports, if they did them, and why people are attracted to that hideous color.
June 12th, 2007 at 2:06 pm
Here’s TerraCycle’s appearance on BBC World News about the lawsuit with Scott’s.
July 10th, 2007 at 9:26 pm
Its really interesting to page all the way through the complaint that is posted at SuedByScotts.com. After reading the correspondenses between the attorneys and the tone and tenor within, i’ve changed my opinion and now blame the testosterone-filled, egotistical lawyers for this entirely. Hmmmmmm, and who gets paid either way???