A dispute is brewing between The Shining, the band founded by two former members of The Verve, and a rock group from north-east England who share the same name.

Stuart Foster: His band "had the name first"

The Darlington-based six-piece, who formed in 1998, have spent the last four years playing countless gigs in the UK, and attempting to secure a record deal.

Their debut album Introducing The Band, released earlier this year, was recorded, produced, packaged and released independently.

The other The Shining, formed in February 2002, is a five-piece featuring former Verve bassist Simon Jones and guitarist/keyboard player Simon Tong.

The Darlington band says the arrival of the other Shining has stopped them from being able to promote their music on a wider scale.

This is very much a David vs Goliath story

Stuart Foster, The Shining

"We asked them not to use the name before they even played a gig or released a record," drummer Stuart Foster told BBC News Online. "But they ignored this."

The band contacted the ex-Verve men's solicitor, providing evidence that they have been using the name for a number of years - including invoices, reviews, and media coverage - but have yet to receive a reply.

Meanwhile, Jones and Tong's group have played a string of high-profile gigs including Glastonbury and T In The Park, as well as embarking on a national tour.

"We've been left with a quality album which cost a lot of our time and money," claims Foster, "and it cannot now be sent to record companies and music media without confusion between the two bands."

Blue have also had a band name dispute

Foster's group are unable to afford legal action, but have spoken out in the hope of gaining more support.

"This is very much a David versus Goliath story and we will need backing to fight them legally."

Representatives of Tong and Jones' band could not be reached for comment.

The issue of bands sharing names has become more common of late.

Recently boy band Blue have been in the spotlight after a Scottish group who have been together since the 70s claimed their reputation and record sales had been damaged by their success.

And Popstars spin-off group Liberty X began life as Liberty until another band with the same name challenged them in court and won.