One Direction USA are taking legal action against the British band of the same name, over the title of their band.

The English and Irish singers got their name after they were put together at X Factor bootcamp in 2010, but trouble started when they first toured America earlier this year.

Harry Styles and Zayn Malik spoke out a few months ago, saying that even though the younger boyband with the same name were threatening to sue them, they would not be changing their moniker and this week it has been reported that actually, 1D’s management are now planning to counter sue the less established group, claiming that the lesser known singer are just trying to capitalise on their success.

A statement released by lawyers acting for Harry, Zayn, Liam Payne, Louis Tomlinson and Niall Horan say that 1D US have “devised and perpetrated a scheme to exploit the goodwill” of the British band.

The American band claim that they have used the name since 2010, but Simon Cowell’s record label Syco and Sony Music Entertainment insist that YouTube videos of the UK band’s appearances on the ITV talent show were already becoming viral hits on youtube that year.

However, 1DUS say that they will not be changing their name, will not be dropping their legal action and will “not be pushed around” by music mogul Simon Cowell.

Who do you think has the high ground in this issue? Who should get to keep their name?

Leave your comments below….