Trademark blog: Scotts Company LLC v. Procter & Gamble Company, USA

The district court correctly found that the manufacturer of Scotts Miracle-Gro products will not likely prevail on the trade-dress infringement and trade-dress dilution claims.

In a trademark infringement case brought by the manufacturer of Scotts Miracle-Gro “plant food” product alleging infringement by The Procter Gamble Company’s weed-killer product Spruce, the U.S. Court of Appeals for the Sixth Circuit has affirmed the decision by the federal district court in Ohio denying a request for a preliminary injunction. The federal appeals court agreed with the district court that The Scotts Company LLC, which sells Scott’s Miracle-Gro plant food, failed to strong likelihood of success on the merits of its trade-dress infringement and trade-dress dilution claims over PG’s Spruce weed killer products with similar green and yellow colors (Scotts Company LLC v. Procter Gamble Company, No. 25-3555 (6th Cir. Jun. 4, 2026)).

Case date: 10 June 2026
Case number: No. 25-3555
Court: United States Court of Appeals, Sixth Circuit

A full summary of this case has been published on Kluwer IP Law