TerraCycle is fighting back here.
Tom Szaky, the co-founder and CEO of TerraCycle, says that the suit could put his company out of business.
But that's the point isn't it? If you can't beat 'em fair and square, use the state to beat 'em up! Lee A. Iacocca, in his May 28 Business Week Guest Commentary, "Chrysler's New Driver," [I can't find a link] says that "Leadership in the car industry means knowing where corporate policy ends and public policy begins. You see, companies are not separate entities from government." Mussolini couldn't have said it better. You see, it's okay for a big corporation like Scott to use the power of the State to cut off the air supply of a smaller competitor, especially a pesky one like TerraCycle, that is gaining market share and space at Wal-Mart, Home Depot, Target, and other retailers.
In the meantime, those of us who advocate liberty and free markets and oppose intellectual monopoly can take a page from Captain Boycott's book and boycott the Scott Miracle-Gro Co. and its products. We can also buy TerraCycle's innovative goods and support it morally, and by getting the word out that competition is good and monopoly is bad, especially the monopoly of so-called "intellectal property."