Updated: Legal action casts shadow over EDF's Green Britain Day

Tomorrow's high-profile Green Britain Day from energy giant EDF is set to be overshadowed by legal wrangling and an investigation by advertising watchdog the Advertising Standards Authority (ASA), following confirmation from renewable energy provider Ecotricity that it is initiating legal action against the company for appropriating its image of a green Union flag.

A spokeswoman for Ecotricity said the company was proceeding with a High Court action against EDF for passing off – the practice of misrepresenting goods or services as being the goods and services of the claimant.

The legal action centres on EDF's use of a green Union flag to promote today's Green Britain Day campaign. The image bears a close resemblance to marketing material used by Ecotricity for more than two years and the company is accusing EDF of confusing customers by appropriating its image.

"We have had emails from people asking why we are working with EDF," said the spokeswoman for the company. "We are both energy companies and we believe EDF is confusing the market."

She added that EDF had failed to respond to a deadline to cease using the image, and that Ecotricity was now preparing its case and gathering evidence.

The move comes as the ASA confirmed it had received more than 80 complaints accusing EDF of confusing people by using Ecotricity's imagery and a further 23 complaints accusing it of being "unpatriotic" in its presentation of a painted Union flag.

A spokeswoman for the watchdog confirmed that an investigation was underway into the use of material similar to that used by Ecotricity, although complaints that the use of a green Union flag is insulting to the UK have been rejected.

EDF attempted to downplay both the threat of legal action and the complaints to the ASA, insisting it had been told by the watchdog that it would not be pursuing the matter.

"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," said a spokesman for the company. "This invitation to work together remains open."

He added that the company was only aware of a small number of complaints regarding the Green Britain Day symbol. "[The ASA] have advised us they would not be pursuing the matter further because, on the facts available to them, there did not appear to be any breach of the TV Advertising Standards Code," he said.

Meanwhile, EDF's rivals, British Gas and Npower, have also moved to undermine its campaign with ads of their own that take a sly dig at the company’s Green Britain Day concept.

British Gas has been running print ads this week stating: "Green Britain Day. For us it's every day." And Npower has reportedly prepared a press ad for its Climate Cops initiative, which states: "Every day's a green day for Climate Cops."