Seventies rock group Blue and record entrepreneur Matt Nicholson are suing the boy band of the same name and their record company EMI/Virgin for £5m over the use of the word. The case reached court on Friday. Mr Justice Hugh Laddie was told by Charles Purle QC that the confusion about the names has damaged Blue #1's recording career and reputation. Blue #2 say there is "no merit" in the case.
What is a standard 'name use' case may become more interesting if, as expected, Blue #1 call one Elton John as a witness. John, or his representative, may be asked to confirm that the veteran band were signed his Rocket record label thirty years ago and that he produced their album 'Another Night Time Flight'. Elton, of course, recorded a duet with the new Blue earlier this year and was said to be quite taken with the boy band – so how keen he will be to support the case for the prosecution remains to be seen.
Meantime Friday's court room entertainment came from the judge's surprising appreciation of pop music:
Judge: "Are you seriously saying that fans of one group would mistake one for the other? There is somewhat a difference of appearance. One is aged like you and me, the other is a boy band."
Mr Purle: "My clients were a boy band in the 1970s…"
Judge: "Oh no. Boy band is a style of music that is a bit more recent than the Charleston."