Cleantech -- Green Marketing and Advertising

Morrison & Foerster has led the way in the Cleantech sector, having represented clients in related industries for more than 30 years. During this time, the firm has counseled a broad range of investors, emerging businesses, and established companies concerning policies, procedures, and practices that are socially responsible, sustainable, environmentally friendly, and green.

While many companies seek to promote themselves and their brands to customers as socially responsible or environmentally positive, any such representations and claims should be scrutinized closely for compliance with federal and state laws, regulations, and guidelines. In addition, using various green claims, green seals, or certification marks may raise risks of potential government enforcement action, lawsuits by competitors, or class action liability for false or misleading marketing and advertising.

Among other things, our expertise can help you comply with or defend and resolve administrative or litigation proceedings brought under the Lanham Act, the Federal Trade Commission (FTC) Act, or their state law equivalents. We are also carefully following and participating in FTC’s evaluation and potential updating of its so-called “Green Guides,” which provide guidance on a broad array of environmental marketing and advertising practices, as well as the emerging renewable energy credit (REC) sector.

More specifically, Morrison & Foerster can:

• Advise on risks and exposure related to “greening” your company, especially if socially responsible or environmental attributes are communicated on your products and labels;
• Assist in constructing and refining marketing claims and advertisements that reference green or environmental attributes of your company or its products, services, or operations while minimizing associated enforcement and litigation risks;
• Defend and resolve federal and state government enforcement actions, litigation, consumer class actions, and administrative actions related to social responsibility, sustainability, and various green representations and claims;
• Assist with recognizing, certifying, selling, trading, and using environmental attributes and credits (such as carbon offsets) that result from the manufacture and use of your product or service;
• Help you stay ahead of green marketing and advertising trends and related emerging federal, state, and local regulatory developments;
• Provide substantive advice on social responsibility and environmental issues arising from the manufacture, distribution, and disposal of your products or services.

Morrison & Foerster can also provide you with a wider range of legal services, such as:

• Help emerging and privately owned Cleantech-related companies succeed at every stage of development – from initial business formation to raising venture capital financing and achieving a successful exit through a sale, public offering, or merger;
• Advise on how to capture the full value of your intellectual property, trade secrets, trademarks, and other innovations.  We also counsel you on an overall intellectual property portfolio management and strategy and, through our best-in-class litigation services, protect the full value and competitive advantage of your intellectual property assets;
• Help you scale and grow through assisting on strategic alliances, joint ventures, mergers and acquisitions, securities offerings, and other capital-raising activities;
• Defend your firm’s interests.