Melaleuca Inc. claims pesticide giant infringes on its eco-friendly trademark
Tuesday, Apr 28, 2009
Idaho Falls, ID-April, 23, 2009--Melaleuca Inc., the Idaho Falls-based wellness products company, filed a federal lawsuit on April 14 that claims lawn and garden products giant The Scotts Miracle-Gro Co. violated its EcoSense trademark to sell caustic, insect-killing products.
The lawsuit says Melaleuca, which employed more than 3,400 and posted $887 million in worldwide sales in 2008, has been marketing products like household cleaners, laundry detergents and furniture polish under the EcoSense mark as quot;ecologically sensible,quot; quot;safer for the environmentquot; and quot;safer for your homequot; since 1999.
The company says it recently discovered that The Scotts Co. LLC of Marysville, Ohio, a Scotts subsidiary, has been using the EcoSense mark for its own line of goods - with similar containers, including the same grips and from the same manufacturer as Melaleuca's products. The Scotts line includes an indoor insect killer, an insecticidal soap, an outdoor insect killer, a slug and snail killer, a fire ant bait granule, a garden disease control product and a 3-in-1 rose and flower care product.
Court papers claim Scotts has been using EcoSense in connection with its Ortho brand, which is associated with strong and caustic weed killers, insect killers and pesticides.
Melaleuca says OMS Investments Inc. of Los Angeles, a subsidiary of Scotts, filed a trademark application for the EcoSense mark in 2005. Melaleuca filed an appeal with the U.S. Patent and Trademark Office in April 2006, and the two companies have been trying to settle since then, though Melaleuca's appeal remains pending, court papers say. Melaleuca says it later discovered the ongoing use of the EcoSense mark.
Additionally, the lawsuit claims that Scotts has been quot;cybersquattingquot; by directing potential Melaleuca customers to its own products through www.ecosense.com.
Melaleuca alleges trademark infringement, federal unfair competition, cyber piracy and deceptive trade practices. The company seeks temporary and permanent injunctions to prevent Scotts from using the EcoSense mark and control of the Web site www.ecosense.com plus damages, recovery of Scotts' profits, punitive damages and attorneys' fees.
A spokesman for Melaleuca has not returned a call for comment. A Scotts spokesman said the company does not comment about pending litigation.
The Scotts Miracle-Gro Co. (NYSE: SMG) reported nearly $3 billion in worldwide sales last year and says it is the world's largest marketer of branded consumer products for lawn and garden care.
