New York partner Donna Tobin authored an article, "Environmental Marketing Claims: What to Know Before Waving the 'Green' Flag," which was published in the October 12, 2009, edition of Bloomberg Intellectual Property Law Reports.
According to Tobin, "Before using environmental or 'green' claims, including claims such as 'biodegradable,' 'reusable,' 'eco-friendly,' 'recyclable,' or even 'environmentally friendly,' there are a number of things to consider, including existing Federal Trade Commission ("FTC") guidelines which assist advertisers in avoiding unfair and deceptive trade practices and state laws relating to 'green' claims . . . For those marketers who also want to create a brand around their 'green' terms, there are emerging trends in the United States Patent and Trademark Office ("PTO"), as well as traditional concepts of trademark law, which also should be considered."
Tobin's article goes on to detail several topics, including:
Tobin concludes: "While the use of 'green' words, symbols, claims, and terms can be very useful in promoting goods and services, consideration must be given to a variety of federal and state laws, rules, and regulations before they are used to promote goods and services. When an advertiser wishes to create a brand around such advertising, consideration also must be given to the relevant requirements of the trademark law."
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