Perfect Pictures UK Ltd Systems House Chantry Gate Bishops Cleeve Cheltenham Gloucestershire GL52 8UR Number of complaints: 1

Date: 15 October 2008 Media: Directory Sector: Business

Ad
Directory ads, for an aerial installation company, displayed a logo that stated "APPROVED MEMBER FDI QUALITY ASSURED

Issue
The Confederation of Aerial Industries (CAI) challenged whether:

1. some readers would infer from the logo, which was very similar to their own, that Perfect Pictures was one of their members, and

2. other readers would infer that Perfect Pictures was a member of an independent trade body called FDI.  CAI was unaware that such a body existed.

The CAP Code:

6.1;7.1;21.1

Response
1. Perfect Pictures said the FDI had no connection with CAI, and the artwork was done by Yellow Pages.  They offered to redesign the logo.

2. Perfect Pictures did not comment on this point.

Assessment
1. Upheld
The ASA noted the CAI logo comprised the letters "cai" in white on a green background, with a yellow border at the top and bottom and a yellow circle around the letters.  We also noted the FDI logo consisted of the letters "FDI" in green on a white background, with a yellow border at the top and bottom and a yellow circle around the letters, as well as the text "APPROVED MEMBER ... QUALITY ASSURED".  We noted, furthermore, both Perfect Pictures and the CAI were involved in the aerial industry.  We considered that the logos were very similar in colour, layout and design, and that readers who were familiar with the CAI logo might not differentiate between the two.  We considered that they were likely to infer from the ads that Perfect Pictures was a member of CAI, when that was not the case.  We considered that the two logos were sufficiently similar to cause confusion among readers.  We concluded that the use of the logo was likely to mislead.

On this point, the ads breached CAP Code clauses 6.1 (Honesty), 7.1 (Truthfulness) and 21.1 (Imitation).

2.  Upheld
We noted Perfect Pictures had not supplied information about the role or membership of FDI.  We understood from CAI that FDI referred to "Federation of Digital Installers" and that they believed no such organisation existed.  We noted we were unable to find an FDI website or a registration with Companies House.  We also noted the FDI logo stated "APPROVED MEMBER ... QUALITY ASSURED".  We considered that readers would understand from the wording and the logo that Perfect Pictures was a member of an independent trade body and adhered to an external code of practice.  Because we had not seen evidence to show that FDI was an independent trade body, we concluded that reference to it in an ad was likely to mislead.

On this point, the ads breached CAP Code clauses 6.1 (Honesty) and 7.1 (Truthfulness).

Action
We told Perfect Pictures not to refer to FDI in future advertising.  We also told them not to use any logo that was likely to cause confusion between themselves and other members or trade bodies of the aerial industry. We advised them to contact the CAP Copy Advice team for guidance when devising future ads.

Adjudication of the ASA Council (Non-broadcast)