THEY could not be more different in appearance. One group is young, stylish and currently adorns the walls of thousands of teenage girls.
The other is a more obscure trio of 50-somethings, who in their heyday supported performers such as Kiki Dee, Small Faces and Leo Sayer.
But one of the bands was heading for a severe case of the Blues yesterday after a high court judge in London heard evidence in a ''same name'' dispute which could cost the loser (pounds) 5m.
Blue, the 1970s rockers, are suing Blue, the current boy band, and EMI/Virgin for up to (pounds) 5m, claiming that confusion surrounding the names is damaging the original group's recording career and reputation.
Mr Justice Hugh Laddie defied his profession's out-of-touch image when he was told by Charles Purle QC that the reputation of his clients, the original Blue, was being threatened by the new boy band because fans might confuse the two.
The judge, who is an expert on the law involving trademark and copyright, and has a wide taste in music, taking in jazz, blues and rock, said: ''Are
you seriously saying that fans
of one group would mistake one for the other? There is somewhat a difference of appearance. One is aged like you and me, the other is a boy band.''
Mr Purle countered that his clients had been a boy band in the 1970s but the judge retorted: ''Oh no. Boy band is a style of music that is a bit more recent than the Charleston.''
The veteran Blue are expected to produce evidence from Sir Elton John to confirm that the band were signed 30 years ago to his Rocket record label and that he produced their album Another Night Time Flight.
Coincidentally, Sir Elton went to the top of the charts last year with Sorry Seems To Be The Hardest Word, in
collaboration with the boy band.
The current Blue, Duncan James, Anthony Costa, Lee Ryan and Simon Webbe, who released their first single, All Rise, in 2001 and now have a large teenage following, insist there is ''no merit'' in the case against them.
The original Scotland-based Blue, brothers Hugh and David Nicholson, from East Kilbride, and Ian MacMillan, from Paisley, all now in their 50s, say that EMI/Virgin knew of their existence before the release of All Rise.
Elder brother Matt Nicholson, manager of The Record Label, has accused EMI/Virgin of treating the composers and musicians from the original Blue with ''arrogance and contempt''.
During yesterday's proceedings, Mr Purle said that if old Blue fans heard the new Blue music, they would be very disappointed.
The judge said: ''Ever so occasionally, the real world creeps in. Are you seriously suggesting that anybody who hears the defendants' music could believe that it was your clients performing? It's inconceivable.
''Your clients' music is of an entirely different style and from an entirely different era and with a different attraction. It's like comparing jazz with chamber music.''
Mr Purle replied: ''I am not sure the gulf is that great. Both have recorded with Elton John and he is a very freestyle musician.''
The old Blue's most notable career highlights came when they supported some of the 1970's top performers, including Dee and Sayer.
However, Richard Arnold QC, for the new Blue, suggested to old Blue guitarist Hugh Nicholson during cross-examination that many members of an audience would not even remember who the support act was after a concert. Mr Nicholson, 54, disagreed and so did the judge.
''Have you ever been to a concert, Mr Arnold? When Lionel Richie supported Tina Turner on her UK tour, I think a lot of people remembered Lionel Richie,'' he said.
Earlier, Mr Arnold had suggested to Mr Nicholson that the trouble with being a support act was that ''a lot of the audience never see you because they are still in the bar''.
Mr Nicholson replied: ''It's up to them whether they want to see you. I know myself that I may stay longer in the bar when I go to a concert and miss the support act.''
''Or the whole concert,'' quipped the judge.
The court also heard about the supposed generation gap between today's record-buying public and the teenyboppers of yesteryear.
Mr Arnold QC suggested to old Blue manager Matt Nicholson that many of the people now buying singles were children and young teenagers ''who are not interested in a single by a group of 50-year-old men, who they have never heard of, playing in a style
that was popular in the late seventies.''
Mr Nicholson replied that the comment failed to take account of the continued popularity of radio stations such as Radio 2.
The judge said: ''It's all right for the Rolling Stones.''
Mr Arnold asked: ''And when was their last single?"
The judge replied: ''They are not doing too badly at the moment, Mr Arnold.''
Mr Nicholson conceded that some of the sales figures for old Blue singles were ''inaccurate'', but he denied deliberately exaggerating them.
The hearing was adjourned until Monday.
HOW THEY COMPARE
Old Blue
Formed 1973
Style Seventies rock/pop
Hits Gonna Capture Your Heart went to No 18 in 1977
Members Hugh Nicholson, 53, Ian MacMillan, 55, and David Nicholson, 51.
Origins Started out in the Glasgow clubs
Fans A loyal following who buy recordings via the internet.
New Blue
Formed 2000/1
Style Boy-band pop
Hits Seven top 10 hits including three number ones
Members Lee Ryan, 20, Duncan James, 24, Anthony Costa, 22, Simon Webbe, 24
Origins Met on the auditions circuit
Fans Mainly teenage girls, but appeal may be broadening
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