U.S. District Judge Sunshine Sykes mentioned Artikal Sound System didn’t argue that the writers of “Levitating” ever had entry to the group’s 2017 track “Live Your Life.”

Sykes gave the group a possibility to file a brand new grievance. She additionally rejected the band’s request to maneuver its case to New York to be heard with one other infringement lawsuit by songwriters Sandy Linzer and L. Russell Brown over alleged similarities between “Levitating” and their disco songs “Wiggle and Giggle All Night” and “Don Diablo”.

Artikal Sound System lawyer Stewart Levy mentioned on Tuesday that the choice was disappointing and the band is contemplating its subsequent steps. Representatives for Lipa didn’t instantly reply to a request for remark.

“Levitating” spent 77 weeks on Billboard’s Hot 100 U.S. singles chart, peaking at No. 2 in 2021.

The grievance, filed in 2022, mentioned it was “highly unlikely” that “Levitating” was made independently “given the degree of similarity” between the 2 songs’ melodies, harmonies and different parts.

Sykes on Monday agreed with Lipa that Artikal Sound System’s grievance failed to point out that the defendants may have encountered its track earlier than writing “Levitating”.

The group mentioned it performed “Live Your Life” at concert events, distributed it by streaming providers and offered a number of hundred copies of a CD with the track on it. Sykes mentioned this was not sufficient to display the track was extensively disseminated sufficient that the “Levitating” songwriters may have heard and copied it.