Lawn and garden giant The Scotts Co., Marysville, Ohio, and its subsidiary, OMS Investments Inc., have brought suit against competitor Central Garden & Pet Co., Walnut Creek, Calif., and its subsidiary Gro Tec Inc., saying the defendants have begun manufacturing and selling lawn care products in packaging that imitates Scotts’ distinctive packaging. The case was filed May 24 in the U.S. District Court for the Southern District of Ohio, Eastern Division.
Scotts says the side-by-side placement of the Central-made private label product, Sta-Green® brand, which is sold by retailer Lowe’s Companies Inc., constitutes unfair competition and infringement of Scotts’ trademark, copyright, and other intellectual property rights. Scotts says the conduct is knowing, intentional, and designed to trade on the Scotts long-standing reputation.
Scotts says over the years it has developed a specific “trade dress” for its products, including a color coding system for its Turf Builder® products – green and white for Lawn Food and Starter Food for New Grass products, purple and white for Southern Weed and Feed, yellow for Weed and Feed, and blue for Crabgrass Preventer. It noted that it has filed federal trademark and copyright registrations for these package designs, and says Central’s color schemes are not materially different from Scotts’ designs.
In what Scotts calls a highly competitive business, it says “Central uses the same color palette of green, purple, yellow, and blue, combined with similar components in the packaging, to imitate Scotts’ packaging. When the packages are stacked vertically or horizontally, as they are at Lowe’s stores, the similarity is even stronger.” Scotts provided photos in its complaint to further make its argument.
Scotts said the “accused packaging” is likely to cause confusion, mistake, or deception as to origin, sponsorship, or approval of Central’s product. It fears consumers will likely believe the products are the same as, or lower priced versions of, Scotts’ products.
Scotts is seeking preliminary and permanent injunction on Central’s use of the packaging. It is also seeking damages for lost profits; any actual and statutory damages, including triple and punitive damages; costs; and attorney fees.
Scotts says this is not the first time Central has imitated Scotts Turf Builder packaging. Scotts said it filed suit against Central in 2014 also alleging unfair competition and deceptive trade practices with respect to another lawn care product. The parties mediated that case, with it dismissed so that Central could redesign its packages, and the Central customer at the time, Walmart, stopped selling the infringing packaging.
Central had not responded to inquiries at press time.