An American group, also called McFly, have been performing 1980s covers all over the US for the past three years.

UK McFly's record label knew about the US group and asked them if they wanted to drop their name, but they refused.

Newsround Showbiz asked UK McFly's record label what they thought about the two bands using the name but they didn't want to comment.

Even though the US McFly claimed the name first there's no law that says either band has to give up their name.

But as the US band are planning to tour the UK soon McFly fans should watch out for confusion.

"It could be a bit of a pickle," US McFly exclusively told Newsround Showbiz.

What next?

McFly aren't the first band to come across the same name problem.

Liberty X started out life as Liberty, until a band with the same name took them to court.

And Blue also went to court after a 1970s band tried to sue them and their record label for up to £5m.

In Blue's case, the judge decided both bands could keep the name.

He said fans were hardly likely to confuse one band with the other because there was such a big age difference between band members.