Popstars losers fail in court battle

The failed finalists of ITV's Popstars have been told to stop using the name Liberty.

They have released two records under the name.

But their career as Liberty ended after a High Court judge said the name belonged to an earlier band.

The original Liberty, a funk band based in Walthamstow, east London, took the five "Flopstars" and their record company V2 to court accusing them of stealing their name.

Mr Justice Laddie agreed to grant an injunction stopping the new Liberty from using the title. He said it could damage the original band's reputation.

The original Liberty won the Capital Radio Young Band of the Year competition in 1994 and released records in Britain, Holland and the United States. They have also toured with Wet, Wet, Wet and Eternal.

The judges agreed their days of exposure in the press, at concerts and through records virtually ended in 1995.

But he said they still had "sufficient reputation" to win their claim of "passing off".

He said: "The impact made by good musicians will last long after they have stopped recording."

A spokesman for Liberty said the band had not yet decided whether to appeal but hoped to issue a statement tomorrow.