Legitimate Package Rip Off or Market Share Hogging?
YOU DECIDE!
A small organic plant food company, TerraCycle, is being sued by Scotts Miracle-Grow who claims the upstart's packaging too closely resembles its Miracle-Grow product line and that it is making false advertising claims.
Scotts owns roughly 59% market share, according to AdAge, and TerraCycle believes that the suit is based on their move into big name stores like Home Depot, Target, and the like, where Miracle-Grow is king.
Scotts says it's more about TerraCycle's unsubstantiated claims for "superior performance" and that TerraCycle's packaging is "confusingly similar" to Miracle-Grow's.
Did I fail to mention that TerraCycle's product is made from worm poop and distributed in recycled bottles?
Sorry.
I'd also be remiss if I didn't tell you that TerraCycle has turned the suit into a marketing opportunity. They've launched the site SuedbyScotts.com which parodies the difference in the companies in a very David and Goliath fashion. They also are careful to point out 81 different brands of lawn and garden products with yellow and green labels just like TerraCycle and Miracle-Grow.
Worm poop.
Who knew?
Wow, it amazes me, the things giant corporations do, to just QUASH any sort of competition! Well it's decided--the next time I go to buy fertilizer/garden stuff, I'm boycotting Scotts! Yay for worm poop! And btw, does the CEO of TerraCycle look like a cross between Sid Vicious and Adam Ant or what? Hubba hubba.
It amazes me, too, Steph. When we talk about marketing and design we hope that the better product will win out, but I have a feeling in my gut that many corporations don't want to run the risk of losing out. Not only is it sad, it's actually strangling a free market by tangling up healthy competition with legal woes (to the small guys who can't afford it). Well, I'm glad their marketing worked on you, it just goes to show that if you're clever enough, you can try to beat the big guy at their own game.
Yes, TerraCycle's CEO is hotter.
Which may or may not be mentioned in the lawsuit.
Here's a link to TerraCycle's appearance on BBC World News regarding the lawsuit with Scotts Miracle-Gro.. check it out!
Well, you guys certainly have your work cut out for you. And your doing a great job of turning a lawsuit into green. Best of luck!
"worm poop compost tea" Mmmmm. I think I'm going to market that.
WORM POOP COMPOST TEA - now with a touch of honey
I hope I don't get sued by Lipton.
Scott (and do think it's ironic that's your name), I would order a case if you can have it to me by December. That's when we throw our Holiday Party. Let me know? And good luck!