Apparently, 59% of the market isn’t enough for Scotts Miracle-Gro. The company is suing its tiny competitor, TerraCycle–a maker of compost made from worm poo, on trademark infringement grounds.

Well, I looked at TerraCycle’s logo and trade dress, and then I looked at MiracleGro’s. Yes, they both use greens and yellows–but different shades, and in very different ways. The only similarity I can see is that they both use a circle to hold their logos. It’s one thing to trademark a truly distinctive shape, such as the McDonald’s arches. But a circle? Come on!

In fact, TerraCycle makes a very clear distinction on its website. Its whole brand identity is as a no-artificial-chemicals alternative to products like MiracleGro, packed exclusively in reused soda bottles and other packaging that would have otherwise ended up in landfill.

Hmm–sounds like a company I should feature in my monthly Positive Power of Principled Profit spotlight article.