P&G Slams Scotts IP Suit as Bid for Green-and-Yellow ‘Monopoly’

A Scotts Co. lawsuit seeking to enforce Miracle-Gro trade dress attempts to impose a “monopoly” on the colors of grass and sunshine, Procter & Gamble Co. told an Ohio court.

Scotts takes a “shifting sands” approach in describing its trade dress in various lawsuits aimed at thwarting competition, P&G’s answer and counterclaims in the US District Court for the Southern District of Ohio said. Scotts’ packaging varies too much between products and too many third parties use green and yellow for them to function as a trademark, according to the March 6 filing, which seeks cancellation of Sctoss’ trademark registration. ...