Exclusive: Ecotricity threatens legal action against EDF in green Union flag row

Green energy company Ecotricity is threatening to take legal action against French energy giant EDF over its use of artwork showing a green Union flag to promote its Green Britain Day on Friday.

EDF had until 4pm this afternoon to respond to Ecotricity's complaint or risk legal action. EDF is accused of misleading customers by appropriating marketing images commissioned and owned by Ecotricity.

Dale Vince, chief executive of Ecotricity, told BusinessGreen.com that EDF had not asked permission to use the image of a green Union flag, which bears a very close resemblance to promotional material that has been used by the specialist green energy provider for over two years.

"We have impressed upon EDF the degree to which we are not happy about their use of the image and given we are both energy companies we feel it is confusing the market," said Vince, adding that the company had already been contacted by some customers asking why the dedicated renewable energy provider was now working with EDF.

"They have until 4pm to come back to us or we will instigate legal proceedings," he said. "The image was commissioned by Ecotricity and we have ownership rights... but now there is a scenario where people click on the image of a green Union flag and end up on the website of a French nuclear company."

He urged readers who had seen the EDF promotional campaign and confused it with Ecotricity's marketing material to contact the company.

A spokesman for EDF said that it was "disappointed" with Ecotricity's stance, suggesting that it will not comply with the company's request to stop using the green union flag.

"An annual event, Green Britain Day is designed to be a focal point to rally the nation to take action towards a more sustainable lifestyle, inspired by the important milestone of 2012 and the spirit of the Olympic movement," he 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."

In related news, Ecotricity has also confirmed that it is to appeal against a district council decision in North Dorset last week that rejected a planning application for a 12MW wind farm at Silton near Gillingham.

The planning authorities had recommended that the application be approved, but North Dorset district council rejected the proposals after a campaign from local residents.

"The plans were recommended for approval by planning officials who spent 12 months looking at the site and then it was rejected by the council after just two hours," said Vince. "We are confident we will be successful at appeal, but it is another example of wasted time and money in the planning system."

He also reiterated calls on the government to reform the planning system so that all applications for wind energy developments are considered by central government. "Wind is the only energy source that is in the hand of local councillors, and they are simply not capable of standing up to local lobby groups," he said. "The government needs to end this anomaly."