Summary of LidoChem's Performance Division's Actions with Scott's Miracle-Gro
Scott’s Miracle-Gro developed a robust marketing and media campaign promoting their Performance Organics line in 2019 prior to receiving approval of its trademark and with knowledge of LidoChem’s longstanding use of the mark PERFORMANCE for LidoChem’s Performance Nutrition Division’s fertilizers and management programs using bio-pesticides, fertilizer additives, micronutrients, soil amendments and related products. Scott’s used its marketing campaign materials with the U.S. Trademark Office as evidence that their mark was actively used and recognized in Commerce. The Trademark Office then granted Scott’s trademark registration in November 2019.
As a consequence of Scott’s Performance Organics marketing campaign in 2019, LidoChem began receiving inquiries as to whether it had sold its business to Scotts or entered into a licensing arrangement or other joint venture with Scotts. These inquiries show confusion was happening in the marketplace and that the markets in which both companies conduct business do in fact overlap.
LidoChem’s market niche through its Performance Nutrition Division has been “green” agriculture, turf and ornamentals- plant and soil health- for over 20 years; and LidoChem has used PERFORMANCE as its mark for association with its products and services in those markets. This is further confirmed by its ten PERFORMANCE-based trademarks for fertilizers and management programs using its bio-pesticides, fertilizer additives, micronutrients, soil amendments and related products. Seven of the ten marks are incontestable and PERFORMANCE NUTRITION dates back to 2004.
LidoChem has no choice but to defend its trademarks against Scotts. The large size of Scott’s Miracle-Gro company and its marketing capabilities has the strength and ability to saturate or quickly overtake and/or dominate LidoChem’s PERFORMANCE brands.
PERFORMANCE NUTRITION’s family of products continue to be a leader providing effective, eco-friendly solutions for plant and soil health for the agricultural, turf and ornamental markets.