EDF Green Energy Day branding faces legal action

by Colin Marrs, campaignlive.co.uk 10-Jul-09, 09:35

LONDON - EDF's Green Energy Day, launched today, has been overshadowed by a rival energy provider, which is to sue the French giant over its green Union flag branding.

Ecotricity, which develops wind farms and provides electricity to more than 40,000 UK homes, has launched a High Court copyright action.

It claims that the Green Energy Day green Union flag is too similar to its own branding, which it has been using for two years.

A spokeswoman for Ecotricity told Campaign: "A lot of our customers have been contacting us, confused by the EDF branding.

"We know you cannot trademark a flag, but we feel that we have a good case because the colours are so similar."

Ecotricity ran an ad using its own green flag to welcome the Prime Minister Gordon Brown to power in 2007.

EDF Energy is now the largest producer of low-carbon electricity in the UK.

In a separate development, the ASA confirmed that it was investigating 84 complaints about the ad, which claim EDF's advertising is misleading for implying the company is both green and British.

The ASA said it was not investigating 23 separate complaints that the branding is unpatriotic.

A spokesman for EDF Energy said: "We are disappointed by Ecotricity’s comments, particularly given our personal invitation to them to work together on the challenges of climate change, and to become part of our Team Green Britain initiative. This invitation to work together remains open.
 
"Our record of compliance with the ASA code of practice is industry leading. In fact, unlike many other suppliers, in the past five years we have not had a single complaint upheld against us."

Comments

R Smith

R Smith - 10/07/2009

Thank you for mentioning this story at last. It has been 6, maybe 7 weeks since this story actually brke. At times the media silence has felt conspiratorial. This is not just the rip-off our much coveted Green Union Jack logo but also the greatest British Greenwash of all time. Electricite de France is French, it is Nuclear and it is Brown \(Coal, Andrew and Gordon). Today is national Greenwas Day as many advertising luminaries who have already backed our campaign already agree. Join the Real Green Britain Day Group. Support creativity and innovation and optimism, rather than the ugly spin and deceit of a failing regime. Get real. http://www.facebook.com/group.php?gid=106171060780&ref=ts

 
 
 
Grilla Login

Grilla Login - 10/07/2009

This story is not just about who or what constitutes Green, but also, the value of ideas to a business. In Green Britain, and the green union Jack, Ecotricity have a powerful brand asset, one borne from the reality of who they are and what they aim to achieve. A British renewable energy company on a mission to impact climate change, and change the way electricity is made. Therefore, it's understandable that when a giant French state owned nuclear energy company comes along and hijacks your brand equity you have the right to feel aggrieved. Particularly when it is used for Greenwash purposes. The whole thing calls into question the ethics of Marketing... and as it's not held in particularly high esteem by many people already further Greenwashing can only add to its list of Cons!! Thank you, goodbye.

 
 
 
John Gallen

John Gallen - 15/07/2009

Most companies that claim to be green are not green anyway and the public are becoming more aware of that fact so maybe the whole exercise is a waste of money.... Not until there's some sort of regulation over ALL green claims will I believe a single word of claims to be green. "My stretch of the truth stretches further than yours" is what most claims sound like, although in this particular case green claims can be argued easily and simply in favour of ecotricity. One of the few legit claims out there.

 
 
 
CHRIS ARNOLD

CHRIS ARNOLD - 16/07/2009

How patronising is EDF?! " ...our personal invitation to them to work together..." Excuse me but Ecotricity were in the green market long before EDF decided to throw their ad budgets at a greenwash campaign. Fact, there are only three real green energy suppliers in the UK - Ecotricity, Good Energy and Green Energy UK. The only other I'd consider is Scottish & Southern because they mainly produce hydro-electric power. EDF's claim to be low carbon is only because they supply 85% nuclear. But they forgot to mention that EDF is one of the biggest coal traders.

 
 
 
CHRIS ARNOLD

CHRIS ARNOLD - 16/07/2009

The outcome of ASA's decision will have a major effect upon the ad industry. I was present last year when it held a forum on green complaints. It's a difficult area to judicate over but if large powerful companies can get away with greenwash then the door will be left wide open for others. It will also mean those with political connections may feel it's time the government took over safe guarding the public with legislation rather than self regulation. Claiming to have a low carbon footprint because you are a nuclear business isn't being green. Making out people can reduce their carbon footprint but through a few tips really isn't being green. It's like saying fatty foods can make you slim by supplying exercise tips on the packet. It's a cynical attempt to sell through deception which discredits the whole ad industry. Our industry. If we want to preserve any values and not to have our industry image associated with second hand car salesmen or estate agents we need to be more truthful and the ASA need to act. I notice that EDF's agencies have not had the bottle to comment. Any whistle blowers out there want to comment?

 
 
 
Paul McShane

Paul McShane - 17/07/2009

It will be interesting to see the final ruling on this. EDF are hypocritical in their 'UK and Green' message but what irritates is their assumption the general populace are gullible to believe their marketing hype. Scottish & Southern are probably the only big one that has a massive output of hydro power but for a nuclear \(and coal) company to claim they are green.......perhaps the main competitors to EDF can join forces and back Ecotricity!

 
 
 
Grilla Login

Grilla Login - 03/08/2009

The ASA is too late and too toothless.

 
 
 

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