The veteran Blue are expected to produce evidence from Sir Elton John to confirm that the band was signed 30 years ago to his Rocket record label and that he produced their album Another Night Time Flight.
Mr Purle said that if old Blue fans heard the new Blue music they would be very disappointed.
The judge commented: “Ever so occasionally, the real world creeps in. Are you seriously suggesting that anybody who hears the defendants music could believe that it was your clients performing? Its inconceivable.
“Your clients music is of an entirely different style and from an entirely different era and with a different attraction. Its like comparing jazz with chamber music.”
Mr Purle replied: “I am not sure the gulf is that great. Both have recorded with Elton John and he is a very freestyle musician.”
The judge heard that the old Blue toured as support band for performers such as Kiki Dee, Small Faces and Leo Sayer, as well as performing on their own.
The current Blue – Duncan James, Anthony Costa, Lee Ryan and Simon Webbe – who released their first single All Rise in 2001 and now have a large teenage following, insist there is “no merit” in the case against them.
Ironically, one of their 2002 hit singles was a collaboration with Sir Elton, Sorry Seems To Be The Hardest Word.
Apparently, the judge, Mr Justice Laddie, is an expert on the law involving trademark and copyright and has a wide taste in music, taking in jazz, blues and rock.
