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.

Helen Epega: Opera, Synesthesia, and the Invention of Access – Intangiblia™

A live show can be thrilling for one person and terrifying for another, especially when the room offers only vague warnings like “flashing lights.” We sit down with composer, writer, and inventor Helen Epega (The Venus Bushfires) to unpack how synesthesia shapes her world, why it can feel magical and overwhelming at the same time, and how that lived experience becomes a blueprint for better accessibility in the arts.We trace Helen’s journey from Nigeria to London and into opera, where she creates Song Queen, a pidgin English opera that pushes back on who gets cultural legitimacy on elite stages. She shares the surprising mix of welcome, skepticism, and long-term influence that comes with expanding tradition rather than rejecting it. From there we get into her methodology, “Access as Creative Core™,” where accessibility is built into the creative architecture from the first draft, not bolted on at the end.That philosophy leads to HiQuu®, her patent-pending accessibility technology platform for live performance accessibility and digital environments. HiQuu aims to translate a venue’s environment into sensory cues and options like captioning or visual prompts so neurodiverse, blind, and D/deaf audience members can attend together, not in segregated sessions. We also dig into intellectual property, patents, and creator rights in the age of generative AI, including why training on creative work without consent or payment damages the pipeline and why creator-led innovation must guide policy.If you care about inclusive design, assistive tech, copyright, patents, opera, or the future of the creative industry, this conversation offers concrete examples and a bigger vision for belonging. Subscribe, share with a friend who loves live performance, and leave a review with one change you want to see in arts access.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. Helen Epega: Opera, Synesthesia, and the Invention of Access
  2. John Degen: Celebrating Authors, Protecting Creativity
  3. Cécile Deniard: The Human Voice Inside Every Translation
  4. Felene Cayetano: Libraries, Authors, And The Caribbean
  5. Mikaela Taivassalo: Keeping Minority Languages Alive In A Digital Book World

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