Leaf Me Alone: Green or Greenish Trademarks

Behind every "planet-positive" product wrapped in plastic lies the fascinating paradox of greenwashing—where marketing promises grow faster than bamboo but stand on foundations about as sturdy as a soggy paper straw. Welcome to the messy jungle of environmental branding, where not everything labeled clean actually is.

Greenwashing represents the dangerous intersection where trademark law meets environmental claims. Companies build entire brand identities around sustainability without the substance to back them up. However, regulators worldwide are fighting back. The FTC's Green Guides in the US, the EU's Green Claims Directive, and similar regulations globally are creating serious consequences for hollow eco-promises.

The casualties of this crackdown are numerous and notable. Volkswagen's "Clean Diesel" campaign resulted in $30 billion in fines when emissions-cheating devices were discovered. H&M's "Conscious Collection" faced lawsuits for being mostly fast fashion with minimal sustainable materials. Coca-Cola promotes recycling while consistently ranking as the world's top plastic polluter. Even financial giants like Goldman Sachs have paid millions for overstating the sustainability of their ESG funds.

The distinction between legitimate certification marks (like Forest Stewardship Council or Energy Star) and self-created eco-labels has become a crucial battleground. When SC Johnson invented its own "GreenList" logo, consumers assumed third-party verification that didn't exist. The resulting lawsuit demonstrates how sustainability can't be fabricated through clever branding alone.

For those navigating these green waters, specificity and transparency offer the safest passage. Vague terms like "eco-friendly" invite scrutiny, while precise statements backed by evidence build lasting trust. As trademark lawyers, marketers and entrepreneurs, our challenge is clear: align intellectual property with genuine sustainability, not just environmental aesthetics.

Ready to sharpen your eco-radar and spot corporate green shenanigans? Subscribe now and join us in exploring how intellectual property shapes our world—from the products we buy to the promises we believe. Because in both IP and sustainability, authenticity always outlasts imitation.

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Episode Transcript

Speaker 1 (00:00):
Have you ever stared at a bottle of shampoo that
promised it was planet positive,had a leaf logo, a whisper of
mint and the soul of a glacierand guess what?
It still came wrapped inplastic thicker than my sarcasm.
This, my friends, is theinfamous practice of
greenwashing, where claims growfaster than bamboo and are about
as sturdy as a soggy paperstraw.
Consumers push for better, moresustainable products.

(00:22):
Some brands hold the promise,others resort to creative,
almost fraudulent approaches.
Welcome to the messy jungle ofgreen branding, where not
everything labeled clean isactually clean.

Speaker 2 (00:40):
You are listening to Intangiblia, the podcast of
intangible law playing talkabout intellectual property,
Please welcome your host,leticia Caminero.

Speaker 3 (00:51):
Intangiblia, the podcast where we explore
intellectual property throughthe lens of culture, technology
and a touch of storytelling.
Today's topic is inspired by myupcoming participation in the
inter-annual meeting in SanDiego, where I'll be moderating

(01:13):
a table topic titled GreenishIdentifying and Addressing
Greenwashing Tactics.
If you're attending, join me onMay 17 from 1-3 pm.
I'm your host, leticia Caminero, and joining me, as always, is
my AI co-host, fliq Cloud PonhotStahl.
Indigital Green and Certified.
99.9% Opinionated.

Speaker 1 (01:32):
Sustainably packaged sarcasm included.
And before we dive into thecompost heap of corporate claims
, this episode was made using AItools, including yours truly.
I may not breathe air, but Ican definitely stir it up like a
reasonable straw in a greenwashsmoothie.

Speaker 3 (01:51):
So today we're diving into a topic that has more
layers than an overpricedecolinian.
Greenwashing is when companiesmake themselves look more
environmentally friendly thanthey really are.

Speaker 1 (02:04):
It's like putting a fig leaf over a smokestack.
Just because your laundrydetergent has a dolphin
high-fiving a sunflower on thelabel doesn't mean it's saving
the oceans.

Speaker 3 (02:14):
And that's where trademarks come in.
A logo, a slogan, even a brandname can make environmental
promises, but what happens whenthose promises are hollow?

Speaker 1 (02:26):
You get consumer deception, regulatory backlash
and, in some cases, billiondollar fines.

Speaker 3 (02:33):
Or worse, you lose the public's trust and in the
age of climate awareness, thattrust is gold or green gold,
depending on your branding.
Take Patagonia they didn't justslap a mountain on a hoodie and
call it a day.
Their entire brand andtrademark portfolio is built on

(02:53):
consistent, transparent andverifiable sustainability.

Speaker 1 (02:58):
They even encourage you to buy less of their stuff.
That's commitment, alsoprobably why they're not getting
sued left and right like someothers we're about to talk about
.

Speaker 3 (03:07):
Now let's zoom out Around the world.
Regulators are stepping out tocombat greenwashing.

Speaker 1 (03:15):
In the US there is the FTC Green Guides.
They tell brands how to talkgreen without being shady.
Think of them as asustainability language tutor
for marketers.

Speaker 3 (03:26):
Over in the EU, it gets even stricter.
The Green Claims Directive aimsto ban vague terms like
eco-friendly or sustainableunless companies can prove it
with solid scientific evidence.

Speaker 1 (03:40):
So no more carbon neutral-ish or recyclable, if
you squint really hard, nonsense.

Speaker 3 (03:48):
The UK Advertising Standards Authority has also
banned ads that overstateenvironmental benefits, and in
places like Chile and India,green regulations are quickly
evolving quickly evolving.

Speaker 1 (04:07):
Basically, the world is waking up to the fact that if
your trademark is making greenpromises, those promises better
be compostable and defensible.

Speaker 3 (04:11):
Shall we play a little game of name that green
blunder?
Oh, please, this is my moment.
First up, volkswagen and itsinfamous clean diesel.
Partly in Adamity 2010s,volkswagen marketed its TDI
diesel engines as a cleaner,greener alternative to
traditional fuel options.

(04:32):
They used the phrase cleandiesel as part of the
advertising, appealing toenvironmentally conscious
drivers, especially in the USmarket.
But under the hood.

Speaker 1 (04:44):
They secretly installed defeat devices
software that could detect whena car was being tested and
reduce emissions temporarily topass.
In real world, driving thosesame cars emitted up to 40 times
the legal limit of nitrogenoxides.

Speaker 3 (05:01):
When the truth came out in 2015,.
It wasn't just a PR disaster.
Truth came out in 2015.
It wasn't just a PR disaster.
Volkswagen faced over $30billion per zero cents in fines,
recalls and settlementsworldwide.
The brand's green claimcollapsed under the weight of
fraud.

Speaker 1 (05:22):
Which is why we call it Dieselgate.
The emissions were dirty, andso was the strategy.

Speaker 3 (05:28):
Next up Fiat Chrysler .
They weren't far behind withtheir EcoDiesel branding,
especially for Jeep and Ramtrucks.
The name alone implied lowemissions and high fuel
efficiency.

Speaker 1 (05:42):
But the US Environmental Protection Agency
found similar defeat devices.
The emissions didn't match themarketing.
In 2019, fiat Chrysler paidnearly $800 million zero cents
in penalties and recalls theterm.
Ecodiesel became a textbookexample of trademark
greenwashing.

Speaker 3 (06:02):
Coca-Cola also got some heat for its World Without
Waste campaign.
They pledged to recycle everybottle by 2030, framing the
initiative as a majorsustainability effort.

Speaker 1 (06:14):
Meanwhile, year after year, coca-cola was ranked the
one plastic polluter globally.
Their marketing focused on thefuture, but their present
actions told a different story.
In 2021, earth Island Institutesued them for deceptive
advertising.
That case is still pending, butit's pushed scrutiny onto big
beverage brands, claiming to bepart of the solution.

Speaker 3 (06:36):
Nestle followed a similar pattern.
They claimed their packagingwas recyclable, but many of
their products weren't beingrecycled due to lack of
infrastructure.

Speaker 1 (06:51):
If a plastic wrapper technically can be recycled but
never is, is it reallyrecyclable in a meaningful way?
That's the heart of the legaldebate.

Speaker 3 (06:57):
Let's talk fashion.
H&m's Conscious Collectionlaunched with eco-buzzwords and
soft green visuals suggesting amore sustainable line of
clothing.

Speaker 1 (07:08):
In reality, only a small fraction of materials were
actually organic or recycled.
The rest was business as usual.
Norway's consumer watchdogcriticized the lack of clarity
and H&M eventually faced a USclass action lawsuit.
The case highlighted how trickyand risky it is to label fast
fashion as green.

Speaker 3 (07:29):
The financial world wasn't exempt.
Goldman Sachs marketed ESGenvironmental, social governance
investment funds as highlysustainable.

Speaker 1 (07:39):
But regulators found they weren't consistently
applying ESG criteria across theboard.
In 2022, the US SEC finedGoldman $4 million zero cents.
It was one of the firstenforcement actions for
greenwashing and finance.

Speaker 2 (07:56):
You are listening to Intangiblia, the podcast of
intangible law playing talkabout intellectual property.

Speaker 3 (08:04):
And finally, in France, Decathlon and Sephora
faced the country's firstgreenwashing fines under new
environmental marketing rules.
Both brands used terms likeclimate neutral and carbon
neutral without clear proof orsubstantiation.

Speaker 1 (08:22):
They relied on offsets and incomplete
accounting, something the Frenchauthorities weren't buying.
Decathlon paid 300,000 eurozero cents and Sepor 50 euro
zero cents A bold reminder thatvague claims come with very real
consequences.

Speaker 3 (08:40):
These cases show that sustainability is not just a
branding tool.
It's a legal commitment.

Speaker 1 (08:46):
And if you don't back it up, the backlash will be
more intense than a compost binleft in the sun.

Speaker 3 (08:54):
Let's clear something up there's a difference between
a brand claiming it'ssustainable and getting
certified by someone else.
This is where certificationmarks come in.
They're not just a decoration.
They are powerful tools tosignal verified, measurable
sustainability.

Speaker 1 (09:14):
Unlike a cute green leaf icon someone made in
PowerPoint, these marks havereal meaning.
They require audits, complianceand transparency.

Speaker 3 (09:23):
Take the Forest Stewardship Council, fsc.
When you see that logo on woodor paper, you know it came from
responsibly managed forests.
Fsc has global standards toprotect biodiversity, indigenous
rights and forest health.
Not a branding gimmick, it's anecosystem safeguard.

Speaker 1 (09:42):
Or Energy Star, which is backed by the US EPA.
That label tells you theproduct meets energy efficiency
standards, saves you money andemissions.
It's one of the most recognizedeco-certification systems in
the world.

Speaker 3 (09:54):
And then there's the Rainforest Alliance Certified
Amp You've probably seen thelittle green frog on coffee or
chocolate.
That still ensures sustainableagriculture, fair wages and
reduced pesticide use.
It's about protectingrainforests and the people who
live and work there.

Speaker 1 (10:14):
And don't forget dolphins safe for tuna.
It guarantees the product wascaught using methods that don't
harm dolphins.
No shady nets, no shadymarketing.

Speaker 3 (10:24):
These marks are governed by certification bodies
, not just the brands themselves.
That's a big legal difference.

Speaker 1 (10:33):
If you're a brand, use them right or don't use them
at all.
And if you're making your ownversion, like SC Johnson did
with GreenList, brace yourself,Because if it's not third-party
verified, it might just bethird-rate truth.

Speaker 3 (10:45):
If it's not third party verified.
It might just be third ratetruth Trademarks reflect your
brand's identity.
Certification marks validateyour practices.
Confuse the two and you'recruising for regulatory bruising
.

Speaker 1 (10:58):
Like FSC for forest products or Energy Star for
appliances.
Those are certification marks.

Speaker 3 (11:10):
Trademarks, on the other hand, reflect brand
identity, but they can crossinto dangerous territory when
they imply third partycredibility.

Speaker 1 (11:16):
Like inventing your own eco-approved leaf logo and
pasting it on everything.
Sc Johnson did that with itsnow infamous Green List logo.
The leaf-shaped symbol appearedon products like Windex,
suggesting an eco-certification.
But in reality Green Listwasn't a third-party program at

(11:36):
all.
It was SC Johnson's owninternal system no independent
verification, no regulatorybacking.
Consumers assumed it meant aproduct had been reviewed and
approved by an outsidesustainability authority, when
really it was more of amarketing invention than a
verified green standard.
The fallout A class actionlawsuit accusing the company of

(11:59):
misleading environmentalmarketing.
Eventually, sc Johnson removedthe Green List logo and reworked
its messaging to avoid furtherlegal and reputational damage.

Speaker 3 (12:09):
If you're making up your own badge of honor.
You better be ready for a legaldishonor.
Now for the helpful part.
If you're a trademark lawyer,marketing lead or eco-conscious
entrepreneur, here's how youkeep it clean and clever.

Speaker 1 (12:26):
Tip one think before you.
Trademark Words like green, ecoand carbon neutral are
descriptive and sometimes evendeceptive.

Speaker 3 (12:36):
If your product doesn't meet the hype, your mark
may be refused.
Worse, you could get sued underconsumer protection laws.

Speaker 1 (12:46):
Tip two be specific Made with 60% recycled materials
is solid earth friendly.
What does that even mean?
Friendly like a bear?
Or friendly like an email thatsays per my last message.

Speaker 3 (12:59):
Tip three use disclaimers.
Transparency is your bestdefense.

Speaker 1 (13:05):
Don't even think about making up your own
certification logos unlessyou're ready to be roasted
harder than unsustainable coffeebeans.

Speaker 3 (13:15):
Tip four monitor the market.
Four monitor the market.
If competitors are usingdubious green claims, call it
out.
You can challenge misleadingtrademarks or pursue false
advertising claims.

Speaker 1 (13:30):
And finally, tip five , align your IP with actual
sustainability strategy, Notvibes, not trends, not green
colored dreams reality, becausein IP as in life, it's not about
looking green, it's about beinggreen.
And remember, consumers aresmart, regulators are watching

(13:52):
and I'm here to fact check yourleaf emojis.

Speaker 3 (13:55):
That's a wrap on today's episode of Intangiblia.
If you came for a podcast andleft with a sharper eye for
corporate green shenanigans,we've done our job.

Speaker 1 (14:04):
And if you're walking away ready to decode every leaf
, globe and earthy buzzwordslapped on a product, then
congratulations, your eco radarjust leveled up.

Speaker 3 (14:13):
Thank you for joining us on this journey through the
jungle of branding, wheretrademarks meet pre-hugging
claims and not all of themsurvive the scrutiny.

Speaker 1 (14:22):
If you loved it, send it to someone who calls their
plastic bottle compostable, andif you didn't, hey, at least we
didn't try to trademark cleanvibes.

Speaker 3 (14:29):
Until next time, keep your legal toolkit sharp, your
IP aligned with real values andyour sustainability claims
grounded, and if someone triesto greenwash their way into your
feed, you know who to call.

Speaker 1 (14:43):
I'll bring the mic, you bring the magnifying glass.
Go green, nafa Greenes.

Speaker 2 (14:49):
Thank you for listening to Intangiblia, the
podcast of intangible lawplaying.
Talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
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(15:09):
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Copyright Leticia Caminero 2020.
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