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KAPPEL LUDLOW www.kappelludlow.com accept and retain the crowns removed from the bottles together so that all the components of the retail package; the bottles; carton and the crowns can be returned as a convenient unit for ease of recycling." As well, the Eco-Patent Commons, established by IBM and others, is also a way for companies to share "green" pat- ents for: • energy conservation or improved en- ergy or fuel efficiency; • pollution prevention (source reduc- tion, waste reduction); • use of environmentally preferable ma- terials or substances; • water- or materials-use reduction; and • increased recycling opportunity. "Initiatives like these can contribute to brand image even if ultimately they are not successful," says Longwell. "Some- times you get marks for trying." Longwell also notes that consumers routinely see logos and symbols that, "at least in their minds, appear to be a certification for green product charac- ter or quality or similar practices. The recycling symbol comprising the three arrows is one such symbol. The symbols are convenient substitutes for consumer inquiry and diligence. However, it is not always clear what the symbols certify and who audits the auditors," he says. "For the consumer and for the busi- ness, these issues crystallize in the fin- ished product, its packaging and as- sociated materials such as advertising that is put into the market. Advertising laws and associated regulatory rules and guidelines, such as the new guidelines, are in place to provide guidance to busi- ness for acceptable practices and to curb certain unacceptable practices so as to level the playing field. They also can give a route for complaints and investigation and give protection to consumers. This is a delicate balancing act," he says. "At the end of the day, as a consumer, while some comfort can be had know- ing there are guidelines like these and other laws about deceptive practices, consumers cannot delegate every re- sponsibility to the state," says Longwell. "Caveat emptor suggests we should do a little research to see what's behind the green claims." ntitled-2 1 Your IP partners Whether arguing before the Supreme Court or preparing an application for the Trade-marks Office, the partners and associates at Dimock Stratton bring experience, perspective, insight, and attention to detail to the job. It's an approach that has won the respect of peers and clients alike and generated the kind of consistent results that recently earned us the distinction of ��� Canadian Patent Contentious Firm of the Year 2008. When you need a top �� partner, contact the team at Dimock Stratton. Dimock Stratton partners from top left to right: Mark Eisen, Henry Lue, Jenna Wilson, Angela Furlanetto, Ron Dimock, Mike Crinson, David Reive, Adrian Kaplan, Bruce Stratton D����� S������ ��� experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com www. C ANADIAN Law ye rmag.com SEPTEMBER 2008 57 7/28/08 2:42:45 PM Barristers & Solicitors Patent & Trademark Agents Patents, Trademarks, Copyright & Related Litigation Gregory C. Ludlow BA. LL.B. Certified Specialist (Intellectual Property Law: Trade-Mark & Copyright) Peter F. Kappel BASc, P. Eng., LL.B. Certified Specialist (Intellectual Property Law: Patent, Trade-Mark & Copyright) Suite 1400 - 439 University Ave., Toronto, Ontario M5G 1Y8 Tel: (416) 408-4565 Fax: (416) 408-4569