Loading...
HomeMy WebLinkAbout09-02-2014 ss1 Pollard (styrofoam)09/11/2014 THU 14:43 FAX DOW AGRO [2]001 The Dow Chemical Company Dow AgroSciences LLC 9330 Zionsville Road Indianapolis, Indiana 46265 Ms. Lichtig, I was unable to locate a fax number for the City Council. Would you be so kind as to distribute the following letter on behalf of C. Joe Miller, General Trademark Counsel of The Dow Chemical Company, to the members of the City Council before their next meeting. Should you have any questions, you may contact me at ]2pollard@dow.com. Thank you! Best regards, Peggy Pollard on behalf of C. Joe Miller, General Trademark Counsel PRIVILEGED COMMUNICATION NOTICE If you have reeelvcd this comrmpoduation in error, please inxntedialely notify us by telephone and return the original message to us at the alcove address via the U.S. postal service. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby noticed that any dissemination, distribution or copying of this communication, ar the taking of any action based on the contents of this information, is strictly prohibited. Thank you for your assistance. If any problems develop during transmiltal, please call Peggy at (317) 337 -4855 FROM: PEGGX POLLARD LOCATION: LAW DEPARTMENT Building MWIB PHON'IJ NO.: (317) 337 -4855 FAX NO.: (317) 337 -4098 09/11/2014 THU 14:43 FAX DOW AGRO ----Z � �1-6 The Dow Chemical Company Trademark Department 9330 Zionsville Road Indianapolis, Indiana 46266 United States of Ar'nerica September 11, 2014 VIA FAX (805)781 -7109 City of San Luis Obispo City Council 990 Palm Street San Luis Obispo, CA 93401 RE: Correct Use of the Trademark Brand STYROFOAM® Dear City Council Members: The Council Agenda Report entitled "Review of Expanded Polystyrene Food Container and Product Regulations" regarding a possible ban on the use of polystyrene foam food products ul San Luis Obispo has come to our attention_ While we certainly understand and applaud the efforta to reduce the use of polystyrene products in the food industry, we note that The Dow Chemical Company's STYROFOAM® trademark has been conspicuously and repeatedly used incorrectly in the report in reference to polystyrene food containers. You may or may not be aware that The Dow Chemical Company has developed and sold the STYROFOAM@ brand of insulation for more than 50 years. Dow is the owner of numerous registrations for the trademark STYROFOAM® throughout the world. The trademark STYROFOAMO is used on Dow's plastic foam insulation and construction products for use in residential, commercial and industrial buildings, and on floral and craft products. It may not be used to describe other products, such as polystyrene packaging, or as a generic description for foam products. It also may not be, used to describe other types of foam that are used for insulation and construction mate vials. STYROFOAM© brand extruded polystyrene is not used to produce foam cups. trays or other food containers. These expanded polystyrene foam products should be referred to with the generic terms "polystyrene foam" or "foam," rather than referring to our branded trademark name. Dow has worked over the years to produce an exceptional product and developed substantial good will and brand equity in the brand STYROI+OAMO. This fame, good will, and brand recognition is important to Dow and it is equally important that we do not permit use of our trademarks by others in a manner that would cause harm to our brands_ The mention of STYROFOAM® in conjunction with foam trays, cups and food containers is incorrect and misleading. It should reference "polystyrene foam" to be accurate. We trust that both accuracy and intellectual property are appreciated by the administration of the City of San Luis Obispo_ We respectfully request that any proposed ordinance of the San Luis Obispo City Council avoid the inappropriate references to our trademark brand STYROFOAM(E) and replace those references with a generic "polystyrene" term. I thank you in advance for your cooperation. VeTy yo , C. Joe Mille mark Counsel The Dow Chemical Company 9330 Zionsville Road Indianapolis, IN 46269 USA (S)Trademark of The Dow Chemical Company [a 002