4 February 2002
'Flopstars' Court Out
R�N�B group Liberty have won the battle to stop the group from ITV�s Popstars using the same name.
The London band, set up in the 80', had built a "modest but significant" reputation and were entitled to restrict use of the name Mr Justice Laddie ruled in the High Court.
They could now net more than �175,000 in damages.
He ordered the second group to change their name within six weeks.
Dubbed 'Flopstars' by the press, they have recently had two hit singles and are signed to Sir Richard Branson's V2 record label.
Kevin Sutherland, founder member of the original Liberty, insisted the row was not about money.
"It was always about principle", he said. "It took us many years to buy equipment and build the band and our reputation. They (the second Liberty) had no excuse. We are still very much active".
His group went to court when the other group refused to change their name.
A V2 Records spokesman told The Voice last Friday the company had not yet decided whether to appeal. They said the judge had called it a difficult 'borderline' case.
In a statement the band said "We are extremely surprised and disappointed by the verdict in this case. We chose 'Liberty' because of what it meant to us. We believe our music and our identity are not governed by a name and we will face this hurdle, with confidence."
The case is being hailed as a victory for small groups.
Kevin added "The law shouldn't be there to protect just big business. Just because we're not a household name doesn't mean someone can ride roughshod over us. If we had lost the case it would have opened up the floodgates. Now there's something to protect all artists who have released a record, whether it sold 50 or 500 copies."
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