Greenwash?

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The ultimate business advantage of the 1990s was an online presence. Now, as we hurtle towards the end of the noughties, companies must show themselves to be greener than green, says Johnny Acton

A combination of strange weather, dire predictions from climatologists and general millennial angst has turned the average consumer into a demanding environmentalist. As a consequence, companies are having to think of new ways – genuine or not – to address these ecological concerns and paint themselves as green as can be. But the concept of ‘greenwashing’, as the corporate repositioning phenomenon is nicknamed, is not as new as one might think. In the 1930s, on both sides of the Atlantic, drinks companies would encourage recycling, as it was cheaper to take back used bottles than go and make new ones; similarly, during World War II, returnable glass bottles were the norm.

The post-war plastics revolution of the 1950s and 1960s drowned us in polystyrene, polyurethane and PVC packaging. But it was just too much and it was only a matter of time before a backlash occurred. When the Chernobyl and Bhopal disasters hit in the 1980s they spawned a rash of environment-oriented advertising. According to the influential environmental writer Alan Durning, around a quarter of household products introduced to the American market circa 1990 were branded ‘biodegradable’, ‘recyclable’, ‘ozone friendly’ and variants on the same theme.

The current pioneer in the area of ‘greening’ is generally acknowledged to be BP. The petroleum giant has invested heavily in developing a sound sense of ecological responsibility, from changing its logo to installing solar panels to part-power 200 of its filling stations worldwide in 1999, thus pledging to reduce its carbon emissions by 10% by 2010.

Similarly, Continental Airlines has spent US$16bn replacing its fleet with energy-efficient aircraft and train companies are also getting in on the act. Japan Rail has launched the Hybrid Train, part-powered by rechargeable batteries. In Hong Kong the ever-green national MTR railway company has set up a green travel charter for the industry. High-street brands noted for their ethical stance include Ecover, which manufactures ecological cleaning and washing products. In 1992 it built the first eco-friendly factory, which even has a grass seed roof.

Meanwhile, over in Silicon Valley in California, an entire sub-industry of IP practices devoted to clean-technology firms is starting to emerge, reflecting an exponential growth in the quantity of money injected into the sector.

This frenzied greening has led to a rash of environmentally sounding IP applications. Companies are queuing up to incorporate ecological claims into their patent applications.

IP implications
Unsurprisingly, this frenzied greening has led to a rash of environmentally sounding IP applications. Companies are queuing up to incorporate ecological claims into their patent applications and there are plenty of new or revised trademarks to be registered to reflect their corporate repositioning. But despite the opportunities available from green patenting, rebranding and marketing, this is a field in which IP professionals are advised to tread carefully.

Several high-profile companies have already been caught out by an overeagerness to be thought of as ecofriendly, and competitors, journalists and environmental activists alike can be guaranteed to seize on exaggerated patent claims or misleading advertising.

Meanwhile, consumers are also becoming more savvy about who is genuinely green and who is merely playing at it; the paying customer isn’t stupid. Companies have to be seen to be making genuine efforts to realise their green potential. And they shouldn’t forget that green brands sell.

But selling causes its own problems. When it comes to being ‘un-green’, one of today’s biggest culprits is shopping. British shoppers get through 17 billion plastic bags every year. In 2002, to counteract this alarming fact, Co-op became the first UK supermarket to introduce the 100% degradable plastic bag. In 2007, its ‘money back’, ‘bags for life’, and ‘plastic bag-free’ days have been popularised and copied across the industry. And, therein lies another problem for green-conscious corporations: how can a company convince consumers of its genuine aim to reduce our carbon footprint while also fighting to keep its ‘eco-friendly’ ideas to itself ?

‘Going green’ is hard enough for the man in the street, so maybe big business should be cut a bit of slack? If companies get it right, they are heroes. Get it wrong and it can be embarrassing and very expensive. Ultimately however, in today’s environmentally aware climate, we all ignore the green bandwagon at our peril.

This article first appeared in IP Review, issue 20

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