July 2003
Battle of the Blues comes to an end
On Tuesday 30th June 2003 the dispute between a boy band and a Seventies rock band, both of the name Blue, was settled out of court. It was agreed that each would continue to be known as, and trade under, the name Blue. Mr Justice Hugh Laddie was told that a ‘passing-off’ claim by the older band seeking damages would be dismissed by consent. An injunction to stop the newer group using the name was also dropped. The original Blue said in a statement that although they still believed in the merits of their case, the financial risks of continuing were too great.
The older Blue was claiming that the newer group was damaging their reputation because of possible confusion between the two groups. It was aiming to sue the new Blue and its record company EMI/Virgin for up to £5 million, alleging that EMI/Virgin had known of their existence and had used the name anyway. The judge was sceptical about the possible confusion between the two bands, saying that the two groups sounded ‘completely different’.
The older Blue agreed to a £100,000 legal costs order being made against them, although the newer Blue and its record company said that they would not demand the costs, provided that the complaint is not pursued by any other means, such as a trademark action.