English band 'The Other Garden' are bemused by the release of American band Green Day's latest single 'Warning' which entered the top 30 at the end of last year. Similarities in the music between 'Warning' and the British band's ironically titled 1997 release, 'Never Got The Chance', have stunned both the band and music industry experts.

"We were alerted by confused fans who thought that Green DayÆs new release was a reworking of our 1997 trackö, said Colin Merry, band member and co-writer of the original music. It's frustrating to hear our composition being used by another band, but good to know that our music is behind the title song on an album that has sold half a million records!".

Warner Chappell (co-publishers in Los Angles) and Warner Music UK Ltd (who released the track on their Reprise Records label in the UK) have been notified of the copyright claim and asked to freeze all related publishing royalties. Said Alastair Nicholas, the band's lawyer; "Usually copyright infringement claims involve similarities over a few bars on a track. However, the striking resemblance between the music underpinning the length of these two tracks can only be described as extraordinary! We shall just have to wait and see what Green Day's lawyers have to say about this situation." Mr Nicholas is still awaiting a formal response to The Other Garden's claim.

The Other Garden's recording "Never Got The Chance" appeared on their 1997 EP entitled 'The Other Garden' and was widely distributed to record companies and band management companies. It also received widespread airplay that year, including plays on Glastonbury festival's Radio Avalon and on cable TV.

The Other Garden are: Colin Merry (lead vocal, rhythm guitar and harmonica), Tom Few (lead guitar, backing vocals), Roger Norman (bass, backing vocals) and Ian Connolly (drums). The band is from Cambridge, forming nearly 4 years, accomplishing many things. Including appearances at various festivals and gigs across the country. They also supported Mark King at the Cambridge Corn Exchange. 1999 saw the release of their second EP 'Step Out, Step In', which once again followed the same success as their first They have continued to attract A&R interest including Gut Records.