Podcast

Season 5, Episode 6. 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.

Zodiac Season, Litigation Rising – Intangiblia™

Can you copyright a horoscope, enhance a century-old tarot deck and claim protection, or assign your stage name and lose it in court? We open the year by charting the legal sky where creativity, belief, and branding intersect—and sometimes collide. From a syndicated astrologer’s claim that near-identical forecasts kept running without a license, to a software company’s short-lived effort to assert control over historical time zone data, we unpack the crucial line between ideas and expression, facts and creativity, public domain and protectable derivative work.We also step into the studio with the icons. The Walter Mercado saga reveals how a personal brand can be transformed into a trademark owned by someone else, with lasting consequences for the artist behind it. Along the way, we explore what separates simple restoration from original creativity in tarot publishing, why databases of raw facts remain free for all, and how small wording choices in daily horoscopes can carry real legal weight. The thread tying it all together: the cosmos is shared; the way we package it is not.Expect practical takeaways for creators, publishers, and entrepreneurs: register original writing, document design decisions, start from public-domain sources rather than competitors’ upgrades, and read every clause before assigning names, logos, or likenesses. If you’re building an astrology app, launching a zodiac product line, or reviving classic esoteric art, this deep dive will help you navigate trademarks, copyrights, and contracts without dimming your creative light.Enjoy the episode? Follow the show, share it with a friend who loves law or the stars, and leave a quick review to help others find us. What boundary do you think should exist between shared culture and private ownership? Tell us—your take might shape a future episode.Send us a textCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats. The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
  1. Zodiac Season, Litigation Rising
  2. From Spark to Impact, the Conscious Path of an Idea
  3. Mireille Gomes – Can Algorithms Heal? Reimagining Health Equity with AI and Data Justice
  4. Jean Marc Seigneur – In Trust We Build: Designing the Future of Digital Reputation
  5. Vlada Mentink – Lean, Smart, and Automated: The Entrepreneur’s Guide to Working with AI

Comment | Comentario

This site uses Akismet to reduce spam. Learn how your comment data is processed.