One Direction sued by US band with the same name

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Page last updated at 15:53 GMT, Wednesday, 11 April 2012 16:53 UK

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By Greg Cochrane
Newsbeat music reporter One Direction

One Direction are being sued over trademark infringement by a California band with the same name.

Lawyers want an injunction to stop the UK boy band using the name, as well as compensation and a share of their profits.

Legal papers filed at California Central District Court, claim Syco and Sony Music realised the duplication but ignored the American band's rights.

A spokesman for Syco, the UK group's record label, has issued a statement.

It said: "There is a dispute with a local group in California about the ownership of the One Direction name in the US.

One Direction's lawyers now have no choice but to defend the lawsuit and the band's right to use their name

Syco spokesman

"One Direction's management tried to resolve the situation amicably when the matter first came to light, but the Californian group has now filed a lawsuit claiming they own the name.

"One Direction's lawyers now have no choice but to defend the lawsuit and the band's right to use their name."

The California band are asking for more than $1m (£630,000) in damages and also say they're entitled to three times the profits made by the UK group.

The claim, which was filed on Monday, also says Syco and Sony Music "chose to ignore the plaintiff's rights and wilfully infringed them" after they realised in early 2011 that the bands had the same name.

It says that the Californian band are suffering "substantial confusion and substantial damage" because of the UK group, who recently sold out their debut US tour.

Court papers claim they've been using the name since 2009, have recorded two albums, and applied to trademark the name One Direction in February 2011.

The UK five-piece, who were put together on The X Factor in 2010, recently made chart history in America.

Their album Up All Night went straight in at number one on the Billboard chart last month.

It makes them the first British band to top the chart with their debut.

The group have just finished a promotional tour of the country and are currently in Australia.