Scotts and P&G are facing off in federal court over product branding: What we know
A bottle branding battle is brewing between two iconic Ohio companies.
Scotts Miracle-Gro, based in Marysville, Ohio, about 34 miles northwest of Columbus, has filed a federal lawsuit against Cincinnati-based Procter & Gamble over the designs of labels and bottles for lawncare products.
Scotts, which owns Miracle-Gro, claims that P&G's new weed and grass killer product line called Spruce represents "unfair competition and infringement and dilution of Scotts’ intellectual property rights," according to a lawsuit filed last month in the U.S. District Court for the Southern District of Ohio in Columbus.
In the lawsuit, attorneys for Scotts wrote that P&G's new product "reflects a transparent attempt to piggyback off the goodwill Scotts has built in its Miracle-Gro trade dress." Trade dress refers to a product's packaging, design, configuration and its look and feel, according to the National Trademark Association.
The color scheme for the packaging for both Miracle-Gro and Spruce each use green and yellow. Bottles for both products also show flowers and circular logos, according to the Nov. 25 lawsuit.
While a label may seem like a small thing, it's actually one of the most important aspects in branding when it comes to products, said Jason Parks, owner of The Media Captain, a Columbus-based marketing firm.
"It's the identity," Parks said. "It's how people remember your product. And if there are two products that look eerily similar, it can cause confusion."
A spokesperson for Scotts did not respond to a request for comment from The Dispatch. A spokesperson for P&G said the company does not comment on pending litigation.
Miracle-Gro was first created in 1951, and the company that owned the product line merged with Scotts in 1995, according to Scotts. In 2005, the company changed its name to The Scotts Miracle-Gro Company to reflect its two top brands of products.
It's no surprise, Parks said, that something with long-term brand recognition like Miracle-Gro would take issue with a new product with a similar look that could take away business.
"I could definitely understand a brand being upset if they've put the work into it —the color scheme, the look and the feel," Parks said. "Just think you're going to the grocery store and you're envisioning the company and the logo ... It could take market share away from the brand."
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This story was updated to add a video.