British boyband One Direction have smashed onto the American music scene lately in a hugely successful assault on the charts. However they are now being sued by a Californian band who share the same name. The five piece group has filed a law suit, asking for a court order to force Simon Cowell's X Factor UK-formed group to change its name, according to TMZ.

The US band claim they formed in 2009, a year before Simon Cowell created the UK "One Direction" from solo artists who auditioned for the 2010 series of The X Factor. The U.S. group also say it beat their British counterparts to the U.S. Patent and Trademark Office, filing a trademark application before them.

They are also suing Cowell's record label and Sony Music for $1m in damages in the federal lawsuit filed on Monday in California Central District Court.

Led by singer and pianist Sean O'Leary, the US One Direction began making music at school and the group has played at local fairs and bars - a far cry from Simon's phenomenally successful version whose album debuted in the US billboard charts at #1 and who have recently sold out a gig at Madison Square Garden in seconds.

There has been no comment from Simon or Syco over the lawsuit and the One Direction boys continue to enjoy their time in Australia where they have been besieged by adoring fans.