(Hazlet, NJ) LidoChem, Inc. and its Performance Nutrition Division has filed a claim to void Scott’s Miracle-Gro trademark registrations at the U.S. Patent and Trademark Office for “Miracle-Gro Performance Organics” and “Performance Organics.”
LidoChem, Inc. owns 10 ‘Performance’-containing trademarks for products and programs in the professional agriculture and turf and ornamental markets. Seven of these trademarks are incontestable since they are more than five years old. The longest held trademark of Performance Nutrition® dates back to March of 2004.
LidoChem, Inc. President and CEO Don Pucillo said, “Although we attempted to settle this dispute amicably, including issuing a cease and desist letter to Scott’s, they claimed to conduct business in different business channels of commerce therefore do not cause confusion in the marketplace. Unfortunately, their widespread marketing campaign is infringing upon our brand names and image within our targeted industry sectors and sales territories clearly causing confusion among customers and distributors.”
Pucillo said, “We have no choice but to protect our trademarks that we have invested in for over a decade and continue to maintain. After all, the purpose of a trademark is precisely to protect companies, large or small, from threats like this in the marketplace. If we don’t take the necessary steps to protect our brands, we fear losing them in the marketplace.”
Emphasizing the importance of the intended role of trademarks, the company founder specifically points out that “the names, styles and overlapping markets in Scott’s new product marketing initiative are remarkably similar and have already caused confusion among customers and distributors alike. We intend to vigorously defend our family of ‘Performance’ trademarks and our good name of producing quality products and programs that are effective for our customers’ needs as well as being safe and ecologically friendly.”
LidoChem, Inc., a family-owned and operated business, was established almost 40 years ago in Hazlet, NJ and its Performance Nutrition Division was established 20 years ago in 2000. Learn more about Performance Nutrition here.
Audio interview with Karen Tripp, attorney representing LidoChem in the trademark case.
Interview with Karen Tripp, LidoChem trademark attorney 5:17
Barbara Miedema 561-914-1500