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The “new” Blue have had a string of number one singles and enjoy a frenzied teenage following as well as regular appearances at showbusiness parties.
The “old” Blue, who were formed 30 years ago in Scotland, have not had a hit for decades.
The Scottish group are to claim damages at the High Court in London from what they say are the young pretenders. Matt Nicholson, owner of the original Blue’s recording company, The Record Label, alleged that the Scottish band’s career was suffering.
“Some radio stations have been reluctant to airplay our single because of the confusion over the band’s name,” Mr Nicholson said.
Hugh and David Nicholson, from East Kilbride, and Ian MacMillan, from Paisley, formed their Blue in 1973, taking their inspiration from the Beatles.
The boy band Blue — Duncan James, Anthony Costa, Lee Ryan and Simon Webbe — released their first single, All Rise, in 2001.
Matt Nicholson said: “Virgin/EMI Records and the members of their band were made aware of the existence of our Blue before the release of All Rise in 2001.”
He estimated that the total revenue from the group’s record sales, tours and merchandising to date was about £26 million.
Ian MacMillan, now 54, Hugh Nicholson, 51, and David Nicholson, 49, signed to Robert Stigwood’s RSO records and then to Elton John’s Rocket Records in 1977. The superstar produced their album Another Night Time Flight, which produced the British and American hit Capture Your Heart.
They band worked with Gary Numan, played at the Reading Festival and toured with the Beach Boys, Kiki Dee and Frank Zappa.
The legal action comes after the pop newcomers Liberty were forced to change their name to Liberty X because a band of the same name already existed.
A spokesman for Virgin/EMI declined to comment. The hearing is due to take place at the High Court in London in April.
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