Scotts’ Failure to Block P&G Trade Dress Backed by 6th Cir. (1)

Scotts Co. likely won’t be able to show Procter & Gamble Co.'s new Spruce weed killer brand’s packaging infringes on its Miracle Gro trade dress, the Sixth Circuit affirmed Thursday.

A lower court didn’t err in finding that widespread use of green and yellow—the colors of grass and sunshine—limited Miracle Gro’s protection, the US Court of Appeals for the Sixth Circuit said. The unpublished opinion by Judge Danny J. Boggs didn’t fault the lower court for finding that the two-thirds yellow, one-third green ratio was a defining part of the Miracle Gro trade dress that the predominantly green Spruce, among ...