LidoChem, Inc. is fighting to protect its “Performance” trademarks in a case against Scott’s Miracle-Gro.

LidoChem and its Performance Nutrition Division 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.”

The company founder 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.”

Karen Tripp is the attorney representing LidoChem in the trademark case and she explains in this interview why they are taking this action and what is at stake for the 40 year old family-owned business.
Interview with Karen Tripp, LidoChem trademark attorney 5:17