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Tuesday, 31 July, 2001, 12:53 GMT 13:53 UK
Seeing double? Its the Bucks Fizz
The original Bucks Fizz
The original Bucks Fizz: Had chart success in the 1980s
Two bands have been given permission to call themselves Bucks Fizz - despite the fact that one does not contain any of the group's original members.

A judge refused to stop David van Day, who has had a band called Buck's Fizz for four years, using the name until a lengthy legal row over the name is settled.

David van Day in Dollar
Van Day first hit the limelight with Dollar
Van Day was not in the group when they had hits including Making Your Mind Up and Land of Make Believe in the early 1980s.

One of the group's original members, Bobby G - real name Robert Gubby - is suing him to stop him using the name.

But Gubby has failed to get an interim injunction to block the use of the name until the case is settled.

Tour safe

The full hearing is not expected to take place for two years.

The decision means van Day can finish his current UK tour and keep releasing CDs as Bucks Fizz.

He began his career as a member of Guys and Dolls, then left to join Dollar, who had five UK top 10 singles in the late 1970s and 1980s.

He then joined one Bucks Fizz band with Gubby before joining a second version of the band with another original member, Mike Nolan.

Long wait

When Nolan left in 1997, van Day continued recoding and touring as Bucks Fizz with new band members.

The judge said Gubby should have started legal action at that time if he wanted to stop van Day, instead of waiting until now.

A ban on van Day calling his band Bucks Fizz would cause him more harm through lost ticket sales and loss of reputation, than would be caused to Gubby if the two bands kept using the name, the judge said.

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