Sometimes the past doesn’t always stay in the past. will.i.am and Justin Timberlake have been faced with a lawsuit over their collaboration on one of Timberlake’s songs, “Damn Girl.” The track was featured on Timberlake’s FutureSex/LoveSounds released in 2006.

The copyright infringement lawsuit was filed by Janis McQuinton, the sister of musician Perry Kibble. In 1969 Kibble released a song titled “A New Day Is Here At Last.” McQuinton is claiming Timberlake jacked the hook, rhythm, harmony and melody. Kibble passed away in 1999 and left the rights to his music to his sister Janis. The copyright infringement lawsuit was filed through Kibble’s publishing company.

FutureSex/LoveSounds was released worldwide September 13, 2006 under Jive Records. The album was heavily influenced by R&B and techno and boasted standout features from Beyoncé, T.I. and will.i.am. Timbaland produced 10 out of 12 tracks on the album. “Damn Girl” was produced by Jawbreakers and featured will.i.am. The album sold a reported 684,000 units in its first week.

McQuinton said she spotted the similarities in the two songs last August. Shortly after, she asked a judge to put a hold on any reproduction, distribution and public performance of “Damn Girl.” While the case is still developing, will.i.am has been named the defendant alongside Timberlake and Sony Entertainment. “Damn Girl” has a loose melody, upbeat tempo and lyrics that mostly contain the phrase “damn girl.”

Check out both tracks below.

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