Scotts Met With Doubt in Trade Dress Appeal Against P&G (1)

Scotts Co. met with a skeptical federal appeals court panel Wednesday in the company’s bid for a preliminary injunction against Procter & Gamble‘s new “Spruce” weed killer brand, which allegedly infringes Scotts’ Miracle Go trade dress.

During oral argument, judges on the US Court of Appeals for the Sixth Circuit contrasted Scotts’ argument that the district court failed to focus on the overall impression of product packaging with the company’s own emphasis on specific elements of that packaging. The three-judge panel also noted that other competitors use the yellow-and-green color scheme that Scotts is trying to protect.

“What do ...