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One Direction

Sued by Same-Name Band

YOU RIPPED US OFF!

4/10/2012 3:40 PM PDT BY TMZ STAFF
breaking news

0410_us_uk_one_direction_band_lawsuit_copyright_trademark
British boy band One Direction is being sued by a much lesser known American band -- also called One Direction -- and now, the Americans are out for blood ... demanding the Brits change their name.

The U.S. One Direction just filed the lawsuit, claiming they formed in 2009 -- an entire year before the UK band members even knew each other -- and have since developed a considerable following this side of the Atlantic.

In addition to building a reputation around the name, the Americans claim they also beat the Brits in a race to the U.S. Patent and Trademark Office -- filing a trademark application for "One Direction" long before their UK counterparts.

Now, the Americans are asking for a court order -- requiring the Brits to change their name.

The Americans are also suing Simon Cowell's record label and Sony Music -- demanding more than $1 million in damages.

The British band -- which was formed by Simon Cowell in 2010 while members competed on the UK "X Factor" -- has yet to respond to the lawsuit.

update_bar
A lawyer for the UK band tells TMZ, the group plans to fight back -- claiming, “[British] One Direction’s lawyers now have no choice but to defend the lawsuit and the band’s right to use their name.”

237 COMMENTS

No Avatar
106.

Taylor    

If US 1D got to the US Patent Office first, why does that matter to UK 1D? They're a band based out of the UK.

863 days ago
107.

Anonymous Jackass    

I still don't give a damn about either one

863 days ago
108.

Ashley    

Now, I've heard of the U.K. One Direction (not a fan, but I hear about them all the time). I have never once heard of the U.S. One Direction (have to wonder about that "considerable" following). Looking up the US group, all I found where links to articles talking about this, a video that was released this year, and a poor looking website.
Bet this gets settled out of court, where the UK group gets to keep the name and the US one gets a nice check in the mail.

863 days ago
109.

Makayla    

Americans need to chill.
This is so stupid.

863 days ago
110.

eugenia    

Simon Cowell will probs just pay a couple million to the U.S. One Direction and the situation will be resolved. Attention whores

863 days ago
111.

Lola     

The chinese guy in the U.S 'One Direction' photo. Thats why they never became popular,

863 days ago
112.

Sarah_dancer    

LOL really?? there getting sued? please those people are sueing them cause there not that famous im sorry but ive never heard of them..?? so who cares i LOVE YOU LIAM!! <3

863 days ago
113.

john drury    

Starting his engine up, John Drury is on the move. In fact, the 41-year-old is always one journey or another these days. But in the past year, he was traveling a personal one.

The 6'7 and 292-pound truck driver became a loser behind the wheel--dropping 100 of his nearly 400 pounds in a year.

"The lifestyle of a truck driver... it's brutal," Drury said laughing, while driving the 18-wheeler on Interstate 275. "We cover about six states and we work a lot of hours. I'm on the road a lot."

A lot is right--working anywhere from 60 to 70 hours a week. It's time spent doing something he enjoys.

"I love truck driving," said Drury. "I just love the open road."

It's also a lot of sitting, very little sleeping and eating loads of truck stop, greasy food--not the most ideal way to lose weight.

"There's not a quick fix. I mean, people always ask me, 'How did you do it?' 'What's the secret?' There's just really no secret. It's blood, sweat and tears. It's dedication. It's commitment. It's really wanting to lose weight."

The husband and father of two sons said one of his biggest inspirations was his friend and fellow truck driver, Dave Johnson, better known to those at Taylor Distribution as 'Big Dave'.

"I think about him every day on this weight-loss journey," he said about Johnson, who died severely overweight.

"I just think of him... I have to make a change. I want to be here. I don't want to leave my family and this earth prematurely. I want to be around as long as I can," said Drury.

"Knowing that he passed away from something that I was struggling with myself... that really hit home. I have to make a change. This is serious."

He reflected, however, on how he may have been able to help his late friend, who had talked to him about losing weight with him.

"... Maybe I could've helped him out. You know if I could've done this earlier, maybe I could've been a bigger motivation to him. To help him lose it while he was still here," said Drury, sobbing, trying to hold back his tears, as he remembered his friend.

"I know he's looking down on me saying, way to go Big John. Way to go."

For where he is today, John attributes eating better, drinking more water, walking when he has time during his travels and Zumba when he is home... and ultimately getting to his goal: 250 pounds.

"I still have a goal, I'm not there yet. The old me is dead and gone away..." he quoted the tattoo he had inked on the side of his bald head.

Along with his weight-loss goals, his mission now, is to help others achieve theirs. Something he's no longer able to do for Johnson.

"I'm there to tell people, 'I've been there and done that. I've been in your shoes."

And to do that, he has new brightly colored cross-trainers--and a Zumba class of his own starting up on Saturday, called "Big John's Zumba" class.

863 days ago
114.

Charlie Sheen's Watch    

Hope you guys realize this is nothing but a publicity stunt. This Simon guy figures he can push these gayboy bans on U.S. consumers.

Really, who listens to this crap? These silly studio created charlatans are nothing more than products of executives trying to push a product.

Simon and his silly clowns plucked these nobodies from obscurity, slapped them together and thought of the name "One Direction." Then presented them to the public as the next big thing...."the hottest group coming up."

Lol. Bunch of clowns. GTFOOH with these chimps.

863 days ago
115.

Kait    

NEVER EVEN HEARD OF U.S ONE DIRECTION AND I LIVE IN THE U.S...This is really ridiculous!

863 days ago
116.

Anon    

This is just ****ing ridiculous. The US One Direction has obviously gotten no where if I'm from the US and haven't heard of them before today, keeping in mind that i've had a Twitter, Facebook, and Tumblr for over 3 years.

863 days ago
117.

Max Sampson    

Of course the American version has a fat kid in it.

863 days ago
118.

hanii     

the public should have a vote of who we like better u.k 1d or u.s 1d and who ever get the most votes should have the name!! my vote 100% u.k :) and i never even heard of the u.s one direction :/

863 days ago
119.

Walker    

(UK) One Direction should not be the ones to change their names. They are known worldwide. Have a merchandise store, online and in shopping centres. A No.1 album. Three singles. 4 world records. If they were to change their name all that would be nothing.

863 days ago
120.

cda    

It does not matter if they are famous or losers.
It does not matter if you have never heard of them or forgot about them.

They bought the rights and the trademarks for the U.S so they OWN the name "One Direction" in the U.S. which is where everybody wants to be big!

Simon Cowell will have to buy the name from the U.S. band in order to be able to sell concert tickets and merchandises with their faces on it in the U.S.

Even if a name check was done before the band became famous, Cowell would still had to buy the name.
I am surprised he (or his employees) did not do a better job. He has been in the business for 20 years, he should have known!

A lawsuit is not stupid! It was probably done because Cowell and his croonies did not bother to answer calls from the U.S. band.
Now with the lawsuit, a judge can grant an injunction (if asked) to stop Cowell from using the name until a settlement (or a judgement) is reached.
Changing the name just for the US would be costly! Tickets would have to be reprinted, t-shirts, posters are going to stay in their shipping boxes.
Going to trial will take time so a settlement is the best and quicker solution: Cowell will buy the name for more money that it would have cost him if he had bought it one year ago!

Yes, the same happens for Bush who had to use the name Bush X for a year in Canada only because an canadian band had bought the name in the 1970s. Disappearing from the limelight does not mean you lose your rights! The cdn band kept paying for the trademark till 1995 so it was theirs to do as it pleases. Now Gavin Rossdale owns the name in the UK, US and Canada, and he can do whatever he wants with it.

863 days ago
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