Scotts Denied Early Relief in Miracle-Gro Trade Dress Lawsuit

Scotts Co. failed to show entitlement to a preliminary injunction in its suit alleging that Procter & Gamble Co.'s weed killer product “Spruce” unlawfully copied the package design for Scotts’ Miracle-Gro products, a federal district court said.

Scotts hasn’t shown a strong likelihood of succeeding on the merits of any of its claims, which include a trademark infringement claim, Judge Douglas R. Cole of the US District Court for the Southern District of Ohio said in a June 27 order denying Scotts’ motion.

The plaintiff didn’t show at this stage that consumers “who have long been exposed to the Miracle-Gro ...