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2 July 2019Trademarks

ScottsMiracle-Gro takes aim at cannabis marketing company

The Scotts Company, which owns the popular ScottsMiracle-Gro plant food brand, is suing a company which it says is using its marks for products aimed at cannabis and hemp producers.

In the complaint, filed at the US District Court for the Eastern District of North Carolina last Thursday, June 27, the Scotts Company claimed that MiracleGro Marketing had infringed its ‘Miracle-Gro’ and ‘Gro’ marks.

The Scotts Company claimed MiracleGro Marketing was using the marks for its own cannabis-themed branding.

According to its own website, MiracleGro Marketing aims to deliver “specialised cannabis marketing solutions just for the marijuana, CBD and hemp industry”.

The company’s services include web design, marketing consultancy, and search-engine optimisation services.

In the examples cited by The Scotts Company, MiracleGro Marketing use a logo incorporating a marijuana leaf which is “strikingly similar” to its Miracle-Gro brand.

The Scotts Company has “never authorised, licensed, or otherwise endorsed” MiracleGro Marketing’s use of the marks, the complaint said.

MiracleGro Marketing’s logo was intentionally designed to “capitalise on the reputation and goodwill of ScottsMiracle-Gro and its famous Miracle-Gro marks,” the complaint said.

The marketing agency’s allegedly infringing conduct was also likely to cause confusion among consumers and damage The Scotts Company’s ScottsMiracle-Gro brand, the suit added.

The claims levelled by The Scotts Company include false designation of origin, unfair competition, and trademark dilution.

The 151-year-old plant food brand is seeking triple damages and injunctive relief preventing MiracleGro Marketing from infringing its IP.

WIPR has contacted The Scotts Company and MiracleGro Marketing for comment.

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