Practicing What You Preach

Business GDPR Tackling Advice Update Online for Lawyers Threats page 7 page 8 page 17 141st Annual Meeting, Boston daily news Wednesday May 22, 2019 Practicing What You Preach Corporate social responsibility (CSR) has become an important issue for brands, but it’s vital to back up your good words with good actions, as Rory O’Neill reports. limate change has the potential to however, do so at their own peril, Cbe the defining social and political and often at significant risk to their issue of our era. As calls increase for brand. This was the warning from governments to declare a climate the panel at yesterday’s session Natasha Reed highlights “green trademarks.” emergency, there has never been more CT03 Brand Protection and the scrutiny on what decision makers, Intersection of Trademarks, John F. Kennedy School of Government LLP (USA), described them. Companies whether in the political or corporate Advertising, and Corporate Social at Harvard University (USA): “CSR may choose a green trademark to sphere, are doing to tackle the problem. Responsibility, which discussed the encompasses not only what companies define not just a single product line as It is little surprise, then, that brands branding implications of corporate do with their profits, but also how they eco-friendly, but possibly their whole are increasingly attempting to define social responsibility (CSR). make them.” brand identity. themselves as “green” in an effort to As Gare Smith, Partner, Corporate The increased focus on CSR, both Failure to get it right, however, can make it known that they are part of the Social Responsibility Practice, Foley from consumers and in the media, has cause reputational damage, Ms. Reed solution, rather than the problem. Hoag (USA), noted: “People have very coincided with the filing of so-called said. Panelists highlighted examples Companies that exaggerate or different ideas of what CSR means.” He “green trademarks,” as moderator of brands that had faced 2 fail to live up to their own claims, pointed to a useful definition from The Natasha Reed, Counsel, Foley Hoag negative publicity after their Grand Finale How IP Offices Use Artificial Intelligence Join us at the Museum of Science, While it’s still a novelty, some intellectual property (IP) offices have begun Boston for a night of fun—and to use artificial intelligence for a range of purposes related to trademark for your last chance to network during the 2019 Annual Meeting. applications, examinations, and analysis, as Peter Scott reports. rtificial intelligence (AI) has become a Just last month, the World previous iterations of AI-powered Shuttles will be available. Heavy Asource of intrigue, and its impact on Intellectual Property Organization image search, which mainly rely on hors d’oeuvres and drinks will be society much debated. While intellectual (WIPO) announced the launch of a new analysis of shape or color to determine provided. property offices around the world are image-search technology powered by similarity, the new tool is able to wrestling with how to handle AI-related, or AI. It will be implemented through 45 identify combinations of concepts to Badges or wristbands required. even AI-created, intellectual property (IP), trademark offices worldwide (covering do the same. Tonight: 7:00 pm—11:00 pm! many are beginning to use the technology almost 38 million marks) as part of Announcing the new to facilitate their own work. WIPO’s Global Brand Database. Unlike initiative, WIPO Director 4 Published by: www.facebook.com/gointa #INTA2019 @intaglobal web www.inta.org 1 NEWS Wednesday May 22, 2019 Practicing What You Preach(continued) 1 environmental claims were found to be overstated. “Green trademarks have gotten intense scrutiny from the Federal Trade Commission (FTC), the [U.S.] Patent and Trademark Office, consumers, and competitors for greenwashing,” Ms. Reed said. Greenwashing is the practice of making unsubstantiated or even misleading claims about a product or brand’s stance on environmental sustainability issues. “People don’t like to be hoodwinked,” said Mr. Smith. (L. to R.) Gare Smith, Lesley Fair, Mary Carragher, and Lena C. Saltos So what are the standards that brands must follow in order to (USA), said that brand owners need whereby a brand is perceived to have navigate the challenges of CSR-focused to be rigorous in the evidence they exploited a community’s cultural branding? To this end, Lesley Fair, provide when making claims about the assets or knowledge, typically that of an Senior Attorney, Bureau of Consumer social and environmental benefits of CSR encompasses not only indigenous people or minority group. Protection, Federal Trade Commission their products. what companies do with As Ms. Saltos noted, these scandals Speaking in her personal capacity, their profits, but also how “often play out in the media,” causing Ms. Fair said that companies would do they make them. significant harm to a brand’s image. #LoganLobster well to adhere to the FTC’s regulations How can these pitfalls be avoided? on false and deceptive advertising. The obvious answer, of course, is Logan Lobster, the 2019 Annual These require environmental claims simply not to engage in cultural Meeting’s mascot, had fun in Gare Smith in advertising to be demonstrably true appropriation. But that may be easier Boston! Where in the world will and backed up by science. said than done. Ms. Saltos offered Logan be next (Singapore?)? It is not enough, Ms. Fair said, to some practical advice to help prevent mask claims in ambiguous language Even if such conduct doesn’t result such missteps. such as “earth-friendly,” to obscure a in a lawsuit, “it can still end up in the “Luxury and fashion brands lack of objective evidence. court of public opinion,” Ms. Reed frequently get into trouble in this “It is a big mistake for companies to pointed out, and that can be just as area, especially when they overlook the think [that] if they don’t have science,” damaging to a brand. importance of having both CSR and IP they can just use ‘fluffy terms,’ she professionals in the same room as the added. “That’s not just puffery; it’s a Cultural Appropriation creative executives, product developers, lawsuit waiting to happen.” Of course, CSR encompasses much designers, and marketers,” she said. Mary Carragher, Chief Counsel, more than just environmental concerns. “They also often overlook the need Global Marketing and Media at Brands have to be conscious of the wider to clear new products and ads not just Mondelēz International (USA), echoed impact of all of their actions. from a legal perspective, but also from the point, noting that deceptive Lena Saltos, Associate General a general standards perspective,” she advertising is not just a marketing Counsel, Global Director of added. concern but, in the United States Intellectual Property at Urban At Urban Outfitters, Ms. Saltos at least, can open companies up to Outfitters, Inc. (USA), referenced the said, IP and legal professionals liability at both federal and state levels. practice of “cultural appropriation,” work as part of a “cross-functional” approach to ensure consistency in the company’s CSR statements and Take The Unreal Challenge! protect the brand. Driving home the point, Ms. Reed reiterated the best practice of having “everyone in the room before a new product or ad launch, including IP counsel and executives who can vet communications with an eye on standards and practices.” l Published by: World IP Review (Newton Media Limited) ©Newton Media Limited 2019 DISCLAIMER Although every effort has been made to verify the accuracy of items in the INTA Daily News, readers are urged to check independently on matters of specific concern or interest. The views and opinions expressed in articles are those of the bylined author and/or interviewee and do not necessarily represent those of INTA or its membership. Non-INTA advertisements in the INTA Daily News in no way connote INTA’s endorsement of the products, services, Thank you to the 193 Annual Meeting registrants who have already signed up or messages depicted therein. for the Unreal Challenge! 2 www.facebook.com/gointa #INTA2019 @intaglobal web www.inta.org Published by: Wednesday May 22, 2019 NEWS Exploring Alternative Realities New technology is enabling consumers to experience the world around them differently, with implications for brands and intellectual property professionals. Sarah Morgan reports rom the filmBlade Runner work with entertainment company The Fthat highlights a future where VOID to create VR experiences, where advertising is built into the landscape, participants walk through a Star Wars- to the book Buy Jupiter and Other Stories, themed environment (while, in reality, in which aliens purchase the planet they’re walking through a series of Jupiter for use as a giant billboard, the empty rooms). sci-fi genre has imagined a multitude of Looking to the future, Kimberly scenarios for advertising and branding. Culp, Director at Carr McClellan We’re still some time away from (USA), explained that VR activities seeing these extreme forms of could lead to litigation over sensory advertising become a reality. But (L. to R.) Kimberly Culp, Matt Stratton, and Deborah Davis experiences in this space. augmented reality (AR) and virtual Trademarks are being granted reality (VR) technologies are surging Brands are already interacting with “Many consumers can’t see well or for sensory experiences, such as a forward and taking branding along for the technology: HBO (USA) recently hear well. There’s a whole community particular scent. If a trademarked the ride. The future is now. sponsored a Game of Thrones-themed of consumers that may be underserved scent were to become associated with Speaking yesterday during CT02 lens. “They’re advertising, but they’re by a brand [that hyper-targets the smell of a virtual experience, and Reality Check: Adapting Brand fun,” commented Mr.

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