Six original band members seek injunction and damages against new band formed by original frontman Ali Campbell

At the height of their popularity, reggae band UB40 sold 120 million records, but growing discord has seen the brothers fight each other in a legal dispute that has reached the High Court.

The family feud – which has involved rival UB40 websites – centres on who has the rights to use the UB40 name. One faction is Ali Campbell, who left as frontman in 2008 and recruited Mickey Virtue and co-frontman Astro. They have rebranded themselves as UB40, featuring Ali Campbell, Astro and Mickey Virtue, and are due to play London’s O2 next month.

On the other side are the six remaining members of the band, who say they are the only ones who can use the UB40 name and launched legal action two years ago. The claimants are original members Robin Campbell, Jimmy Brown, Norman Hassan, Brian Travers and Earl Falconer, and Duncan Campbell, who replaced Ali Campbell as lead singer.

Edmund Cullen QC, representing the six, told the High Court last week that they were recognised by fans as the “true continuation” of the band, which produced hits such as Red Red Wine, Signing Off and One in Ten, which was about the UK’s record unemployment at the time.

The six claim Ali Campbell’s band have no right to use the UB40 name in any way and are seeking an injunction and damages against the band, who they accuse of “self-identifying” as UB40.

Cullen argued that the new band were seeking to exploit the “substantial goodwill” built up by the original UB40 since the split. He told the court that the dispute had moved online, with both sides claiming the right to use the UB40 website.

Cullen said Ali Campbell’s band should be banned from using the UB40 name in any way and should forfeit any profits made from exploiting the original band’s goodwill.

The court heard that all the original band members were employed by their production company, DEP International Ltd, which has been in liquidation for several years. Ali Campbell and his band said they were “handed over” all the rights to the company in June last year, including the goodwill, website and the UB40 trademark, and that they had acted entirely within their rights.

Ali Campbell: My family values

Their lawyer, Tom Hickman, told the court that for fans, UB40 without Ali Campbell and Astro would no longer be UB40.

He claimed the case should be “dismissed” as uncontested because UB40 had ceased to exist legally in 2008. The new group had merely “sought to capitalise on the goodwill associated with the group prior to 2008… just as Robin, Duncan and their group sought to do”.

Ali Campbell claimed in 2014 that he had not spoken to his brothers Robin and Duncan since 2008. The Birmingham band had three UK number one singles and two US number ones, and still had a loyal fan base.

Last week was the first time the High Court heard arguments in the case. A verdict is expected next week.