One Direction may be forced to change band name

 

Could One Direction be forced into a dramatic U-turn? The British boyband taking the world by storm has run into a roadblock after a small Californian band slapped them with a multi-million dollar lawsuit. That band’s name? One Direction.

The British and Irish popstars, who rose to prominence on The X Factor in 2010 and were signed by Simon Cowell, have topped the charts in a series of countries including America, Australia and Italy. Yet Niall, Zayn, Liam, Louis and Harry have a battle on their hands if they want to keep singing under the One Direction name.

Lawyers for the US band are attempting to block Cowell’s Syco Entertainment and Sony Music from using the One Direction name in its promotional materials, and have filed a lawsuit in the California Central District Court.

The court documents clam the Americans are entitled to three times the profits made by the British band and damages worth over $1m. They have recorded two albums since forming One Direction in late 2009 and claim that Syco and Sony Music “chose to ignore the plaintiff’s rights and wilfully infringed them” after realising the two bands shared the name.

The court papers were filed on Monday, and also revealed that the US band had applied to trademark the name in February 2011 before their UK rivals.

One Direction UK made a huge splash, with their debut album which went in at number two in the British charts. The march on America also proved staggeringly successful as they became the first British pop group to debut at the top of the charts with their debut album.

Up All Night beat the previous best British performance in America from The Spice Girls, which went straight in at number six in 1997, selling 176,000 copies in just one week. The album topped the charts in a total of six countries around the world.

The boys were mobbed on their first television appearance in the US, with 10,000 fans turning up to Rockefeller Plaza in New York. The promotional tour has since taken them to Australia, where they have also been met by hysterical crowds. Simon Cowell said the success of his charges was “an incredible achievement. They deserve it.”

The band also has over 2.8 million followers on Twitter many of whom took to the social networking site to express their displeasure over One Direction US’s move to force their heroes to change the band’s name.

Their US counterparts have not been quite so successful. They are also a five-man band put together by Sean O’Leary but rather than sell out international tours, they play in local fairs and bars. O’Leary started playing music after listening to Blink-182 and put together the band from friends at school.

He said on One Direction US’s website: “I plan on making music for the rest of my life no matter what! I do my best, I work hard, treat people the way I would like to be treated and believe if I really want this dream, I can do it! :). When all you see is up… there is only ONE DIRECTION to get there!!!”

The band’s lawyer Peter Ross told The Hollywood Reporter said the morning show Today mistakenly played one of its songs to introduce the UK band.

What's in a name?

* This is not Simon Cowell’s first run in with name clashes. Last year The X Factor girl group Rythmix had to change their name as it was already taken by a music charity going for Little Mix.

* Tom Rowlands and Ed Simons named their big beat duo the Dust Brothers in 1991. The American producers of the same name who worked with the Beastie Boys were unimpressed and threatened the pair with a lawsuit forcing them to come up with The Chemical Brothers instead.

* Nirvana, the Seattle grunge band fronted by Kurt Cobain, was forced to settle a case brought by a UK band of the same name. The terms were not disclosed but allowed both to carry on using the name.

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
Arts and Entertainment
Tim Vine has won the funniest joke award at the Edinburgh Festival 2014

Edinburgh
Arts and Entertainment
Peter Capaldi and Chris Addison star in political comedy The Thick of IT

TV
Arts and Entertainment
Judy Murray said she

TV
Arts and Entertainment
Tim Vine has won the funniest joke award at the Edinburgh Festival 2014

edinburgh
Arts and Entertainment
Jeremy Paxman has admitted he is a 'one-nation Tory' and complained that Newsnight is made by idealistic '13-year-olds' who foolishly think they can 'change the world'.

Edinburgh
Arts and Entertainment
Seoul singer G-Dragon could lead the invasion as South Korea has its sights set on Western markets
music
Arts and Entertainment
Gary Lineker at the UK Premiere of 'The Hunger Games: Catching Fire'
tv
Arts and Entertainment
Christian Bale as Batman in a scene from
film
Arts and Entertainment
Johhny Cash in 1969
musicDyess Colony, where singer grew up in Depression-era Arkansas, opens to the public
Arts and Entertainment
Army dreamers: Randy Couture, Sylvester Stallone, Dolph Lundgren and Jason Statham
film
Arts and Entertainment
The Great British Bake Off 2014 contestants
tvReview: It's not going to set the comedy world alight but it's a gentle evening watch
Arts and Entertainment
Umar Ahmed and Kiran Sonia Sawar in ‘My Name Is...’
Theatre
Arts and Entertainment
This year's Big Brother champion Helen Wood
arts + ents
Arts and Entertainment
Full company in Ustinov's Studio's Bad Jews
Theatre
Arts and Entertainment
Harari Guido photographed Kate Bush over the course of 11 years
Music
Arts and Entertainment
Reviews have not been good for Jonathan Liebesman’s take on the much loved eighties cartoon
Film

A The film has amassed an estimated $28.7 million in its opening weekend

Arts and Entertainment
Untwitterably yours: Singer Morrissey has said he doesn't have a twitter account
Music

A statement was published on his fansite, True To You, following release of new album

Arts and Entertainment
Full throttle: Philip Seymour Hoffman and John Turturro in God's Pocket
film
Arts and Entertainment
Kylie Minogue is expected to return to Neighbours for thirtieth anniversary special
tv
Arts and Entertainment
The new film will be Lonely Island's second Hollywood venture following their 2007 film Hot Rod
film
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Have you tried new the Independent Digital Edition apps?

ES Rentals

    Independent Dating
    and  

    By clicking 'Search' you
    are agreeing to our
    Terms of Use.

    Ferguson: In the heartlands of America, a descent into madness

    A descent into madness in America's heartlands

    David Usborne arrived in Ferguson, Missouri to be greeted by a scene more redolent of Gaza and Afghanistan
    BBC’s filming of raid at Sir Cliff’s home ‘may be result of corruption’

    BBC faces corruption allegation over its Sir Cliff police raid coverage

    Reporter’s relationship with police under scrutiny as DG is summoned by MPs to explain extensive live broadcast of swoop on singer’s home
    Lauded therapist Harley Mille still in limbo as battle to stay in Britain drags on

    Lauded therapist still in limbo as battle to stay in Britain drags on

    Australian Harley Miller is as frustrated by court delays as she is with the idiosyncrasies of immigration law
    Lewis Fry Richardson's weather forecasts changed the world. But could his predictions of war do the same?

    Lewis Fry Richardson's weather forecasts changed the world...

    But could his predictions of war do the same?
    Kate Bush asks fans not to take photos at her London gigs: 'I want to have contact with the audience, not iPhones'

    'I want to have contact with the audience, not iPhones'

    Kate Bush asks fans not to take photos at her London gigs
    Under-35s have rated gardening in their top five favourite leisure activities, but why?

    Young at hort

    Under-35s have rated gardening in their top five favourite leisure activities. But why are so many people are swapping sweaty clubs for leafy shrubs?
    Tim Vine, winner of the Funniest Joke of the Fringe award: 'making a quip as funny as possible is an art'

    Beyond a joke

    Tim Vine, winner of the Funniest Joke of the Fringe award, has nigh-on 200 in his act. So how are they conceived?
    The late Peter O'Toole shines in 'Katherine of Alexandria' despite illness

    The late Peter O'Toole shines in 'Katherine of Alexandria' despite illness

    Sadly though, the Lawrence of Arabia star is not around to lend his own critique
    Wicken Fen in Cambridgeshire: The joy of camping in a wetland nature reserve and sleeping under the stars

    A wild night out

    Wicken Fen in Cambridgeshire offers a rare chance to camp in a wetland nature reserve
    Comic Sans for Cancer exhibition: It’s the font that’s openly ridiculed for its jaunty style, but figures of fun have their fans

    Comic Sans for Cancer exhibition

    It’s the font that’s openly ridiculed for its jaunty style, but figures of fun have their fans
    Besiktas vs Arsenal: Five things we learnt from the Champions League first-leg tie

    Besiktas vs Arsenal

    Five things we learnt from the Champions League first-leg tie
    Rory McIlroy a smash hit on the US talk show circuit

    Rory McIlroy a smash hit on the US talk show circuit

    As the Northern Irishman prepares for the Barclays, he finds time to appear on TV in the States, where he’s now such a global superstar that he needs no introduction
    Boy racer Max Verstappen stays relaxed over step up to Formula One

    Boy racer Max Verstappen stays relaxed over step up to F1

    The 16-year-old will become the sport’s youngest-ever driver when he makes his debut for Toro Rosso next season
    Fear brings the enemies of Isis together at last

    Fear brings the enemies of Isis together at last

    But belated attempts to unite will be to no avail if the Sunni caliphate remains strong in Syria, says Patrick Cockburn
    Charlie Gilmour: 'I wondered if I would end up killing myself in jail'

    Charlie Gilmour: 'I wondered if I'd end up killing myself in jail'

    Following last week's report on prison suicides, the former inmate asks how much progress we have made in the 50 years since the abolition of capital punishment