David VS Goliath: Sanctuary Soil and Feed, Inc. & Scott’s Brand Turf Builder in Trademark Dispute

An affiliate of The Scotts Company LLC, which sells “Scott's Turf Builder,” has filed an action against Sanctuary Soil and Feed at the United States Patent and Trademark Office’s Trademark Trial and Appeal Board.

Vernalis, CA (I-Newswire) October 25, 2012 - Sanctuary Soil and Feed Inc. is always looking to bring new products to market, while keeping sustainability a top priority. OMS Investments, Inc., an affiliate of The Scotts Company, and owner of various trademark registrations for “Turf Builder,” has filed an action: Opposition # 91205909 with the United States Patent and Trademark Office’s Trademark Trial and Appeal Board, seeking to prevent Sanctuary from registering its trademark for its flagship soil, “Empire Builder Producer’s Blend,” based on Sanctuary’s use of the word “Builder.”

Sanctuary Soil and Feed, Inc. is disputing OMS Investment’s claim that its registrations for “Turf Builder” should prevent Sanctuary from registering its trademark. Sanctuary’s Empire Builder Producer’s Blend is a particularly high quality organic composition that is a certified Clean Green soil mixture. Sanctuary believes OMS and Scotts is unfairly targeting the Sanctuary Soil and Feed product which is vastly dissimilar to Scotts’ Turf Builder which is a chemical-based compound that contains a diverse formula.

Sanctuary Soil and Feed, Inc. is located in the Central Valley of California and is converting to the new California flexible purpose corporation status with a charitable focus that promotes positive long-term effects on the environment while maintaining it’s (its) for profit status.

Sanctuary Soil and Feed, Inc. offers a complete line of Clean Green licensed nutrients, living potting mixes, and bio-beneficial soil and garden amendments.

Sanctuary Soil and Feed, Inc. came to market in the organic soil business providing development, production and sales of bulk soils and amendments through California Soils. In 2012, Sanctuary moved into the retail market, offering bagged products through authorized dealers throughout California, and in limited locations in Washington, Oregon, Colorado, Nevada and Arizona. Sanctuary Soil Products are available to the home gardener, the market gardener and to large commercial growers, providing higher quality, more nutritious, higher yielding, and earth friendly crops.


The Sanctuary Soil and Feed formulas are based on many years of research, field trials and work with commercial growers. The Empire Builder Producers Blend is a potting soil available in two cubic foot bags or in bulk. It is an all natural soil that is completely mineral balanced and microbe enhanced. It is excellent for use in large outdoor containers; grow bags, raised beds and any planting or pots used outside.