Green Marks
Research Handbook on Intellectual Property and Climate Change (Joshua Sarnoff, ed., Edward Elgar 2016)
18 Pages Posted: 20 Jun 2019 Last revised: 14 Oct 2019
Date Written: 2016
Abstract
This chapter addresses the proliferation of green marks (both trademarks and certification marks) and the role that they may play in addressing climate change. It emphasizes the important role played by consumers and their buying power, so long as consumers possess good information about environmental standards and companies adhere to those standards, in forcing companies to meet environmental standards. But it also addresses the problem of “green fatigue” and “greenwashing” as consumers become overwhelmed with insufficiently regulated information regarding environmental compliance. The chapter also discusses barriers to registration of eco-friendly marks and recommendations for improving the informational value of green certification marks.
Keywords: trademark law, certification marks, climate change, green fatigue, greenwashing, intellectual property
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