LexisNexis® Legal Newsroom
Green Patent Blog: Fiji Defeats “Unreasonable” Consumer in Green Drop Bottle Battle

In a previous post I wrote about a consumer class action against SC Johnson, accusing the producer of Windex of misleading consumers by using a GREENLIST label that allegedly implies objective third party certification of environmentally friendly ingredients in its cleaning products. Ayana...

Green Patent Blog: Two More Eco-marks Dinged for Descriptiveness

I've written before about the increasingly common challenge in obtaining U.S. registrations for eco-marks, i.e., the proscription against registering "merely descriptive" marks (see, e.g., my post about the HYBRID GREEN mark here ). Often the eco-marks include the term "GREEN...

Green Patent Blog: Freezer Greenwashing Suit Invokes Federal Appliance Law

In a recently-filed suit, Plaintiff Christopher Collins seeks to add another weapon to the greenwashing legal arsenal. The proposed class action, filed in federal court in Oakland, California, invokes the National Appliance Energy Conservation Act (NAECA) in allegations that Haier America Trading...

Green Patent Blog: Plastic Bag Makers Accuse ChicoBag of Reverse Greenwashing

Greenwashing has come to mean making false or deceptive representations about environmentally friendly aspects of products, services or practices. The vast majority of greenwashing legal actions target product or service providers touting their wares in such a way that misleads consumers about...

Green Patent Blog: ChicoBag Responds to Plastic Bag Makers in Reverse Greenwash Suit

A previous post discussed a recently-filed lawsuit in which plastic bag manufacturers Hilex Poly Company , Superbag , and API Enterprises took issue with certain statements made by ChicoBag , the popular reusable bag maker. The accusations could be called reverse greenwashing, as they involve allegedly...

Green Patent Blog: Plastic Bag Makers Do a Reversal in Reverse Greenwash Suit

In previous posts here and here I wrote about a lawsuit in which plastic bag manufacturers Hilex Poly Company (Hilex), Superbag , and API Enterprises took issue with certain statements made by ChicoBag , the popular reusable bag maker. The accusations could be called reverse greenwashing, as they...

Green Patent Blog: Stating its Case: California Asserts New Law Against Alleged Plastic Bottle Greenwashers

Most public enforcement against alleged greenwashing has been at the federal level by agencies such as the Federal Trade Commission in the U.S. , the Advertising Standards Authority in Great Britain, and the Australian Competition and Consumer Commission . Now American states are getting into the...

Green Patent Blog: Green Branding Enters Its Blue Period

Just as new patent filings can indicate the direction technology is moving, trademark application data can reveal trends in branding. This is the idea behind the Dechert law firm's Annual Report on Trends in Trademarks (created and produced by Glenn Gunderson ) in which the firm draws from the...

Green Patent Blog: Danish Greenwash: Metal Industry Group Defeats Plastic Packager in False Advertising Case

An interesting piece on FoodProductionDaily.com reports on a recent decision involving greenwashing (and apparently reverse greenwashing) claims in Denmark. The ruling by the Danish Maritime Court is the culmination of a dispute that began in 2008 after Empac , a European metal packaging industry...

Green Patent Blog: Little “e” is Key as eSolar eNforces eCo-mark

eSolar is a Burbank, California, solar thermal company that makes solar power plants using flat mirrors, or heliostats, to concentrate sunlight onto a centrally located water tank suspended on a tower. This type of structure is known as "power tower" architecture. The company owns U.S. Trademark...

Green Patent Blog: Class Action Charges Nissan with LEAF Greenwash

Hybrid electric vehicles have frequently been targeted in court, taking flak for alleged greenwashing (see, e.g., here and here ) and alleged patent infringement (see, e.g., here and here ). That trend continued and extended to electric plug-in vehicles with a recent class action complaint accusing...

Whirlpool Fridge Decision Provides Guidance for Future Certification Mark Greenwash Cases

I’ve written before about the important role of certification marks in green branding, and a recent California district court decision involving the Energy Star certification highlights their continued significance. The Energy Star program seeks to aid investment in energy efficient products...