23 Jaunuary 2002
Judge Takes Away Flopstars' Liberty - He Rules Their Name Belongs To A Funk Band
It's back to the board for LIBERTY, who have been given six weeks to find a new name. The group were yesterday banned by a judge from calling themselves Liberty after he ruled the name belongs to a Nineties funk band.
The High Court decision is a big setback for the Popstars runners-up - Michelle Heaton, Kelli Young, Jessica Taylor, Tony Lundon and Kevin Simm.
Last night Michelle told me: "We are very upset. We thought we had a good case as the other Liberty hadn't released a record in years. We'll change the name. The sound will be the same." Kevin added "Maybe we'll become The Band Formerly Known As Liberty".
Although dubbed Flopstars after losing out for places in Hear'say, the group were launched in a blaze of publicity after signing a �1.6million, three-album deal with Richard Branson's V2 label.
The original Liberty were amazed and began legal action for their name. Having released records in the Nineties and supported Wet Wet Wet at Wembley Arena helped their case. Guitarist david Lyall, who was in court with band mate Kevin Sutherland, said afterwards: "All we wanted was the right to use of name exclusively".
V2 will have to pay �200,000 in costs after fighting the claim. They will also have to change artwork, promotional material and the group's website in the six weeks the court has allowed them to create a new identity. And lawyers from both sides are assing possible damages payable to the original band, who are currently unsigned.
www.thesun.co.uk
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