Scotts’ Trade Dress Suit Should Target Lowe’s, Rival Says

Law360, Washington (July 25, 2017, 4:29 PM EDT) -- A rival of Scotts asked an Ohio federal court Monday to dismiss the lawn care company’s trade dress lawsuit against it, saying the suit failed to target Lowe’s, which actually owns the in-house brand Scotts says ripped off its packaging.

Central Garden & Pet Co., which manufactures the product for the allegedly infringing Sta-Green fertilizer brand, said if the lawsuit against it isn’t dismissed, the judge should at least force The Scotts Co. LLC to add Lowe’s Cos. Inc., the retailer that sells Sta-Green as an in-house brand, to the suit.

“Contrary to plaintiffs’ allegations, as Scotts well knows, Central is...

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