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.

The Afterlife of Innovation: Can IP Outlive the Business That Created It? – Intangiblia™

A company can vanish from your pocket and still show up in court and that is not a metaphor. We take a hard look at the afterlife of innovation and the real business question behind it: can intellectual property outlive the company that created it, and if so, what legal structures make that possible?We trace six vivid case studies that turn “failed products” into ongoing value. BlackBerry shows how patent monetization and portfolio restructuring can create immediate liquidity while keeping a long royalty tail and upside participation. Nokia shows what happens when IP moves from consumer devices into network infrastructure, where standards essential patents and FRAND commitments can produce durable, recurring IP licensing revenue. Ericsson takes the same idea and makes it operational, using deals that shift ownership to specialist entities while retaining tiered revenue shares, aligning incentives and keeping the program disciplined.Then the tone gets sharper: Nortel reveals how bankruptcy restructuring can turn patents into the centerpiece of an estate, driving auctions and creditor recovery. Kodak demonstrates how timing, litigation risk, title clarity, and negotiation pressure can reshape patent portfolio valuation, even when the underlying innovation is strong. Technicolor closes the loop with a deal engineered like a financial instrument: cash up front, future revenue participation, and a license back to keep operating.If your business changed tomorrow, would your intellectual property still be creating value? Subscribe, share this with your team, and leave a review with the one IP strategy you want us to unpack next.Send us Fan MailCheck 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. The Afterlife of Innovation: Can IP Outlive the Business That Created It? 19:44
2. Case Study: Lindt’s Gold Bunny Trademark Saga 22:40
3. What Kind of Negotiator Are You, Really? 39:39
4. Founders, Funders, Futures: Rising at Start Summit 2026 13:29
5. The Legal Dugout: Baseball’s Intellectual Property All Stars 34:01