The lawsuit, filed by Larball Publishing Company and Sandy Linzer Productions, accused Lipa of copying elements from ‘Wiggle and Giggle All Night’ by Cory Daye and ‘Don Diablo’ by Miguel Bosé. The plaintiffs claimed ‘Levitating’ unlawfully used a distinctive musical phrase from their songs. However, U.S. District Judge Katherine Polk Failla rejected these claims in her ruling on Thursday.

In her decision, Judge Failla concluded that the alleged similarities involved “five groupings of repeated 16th notes descending on a B minor scale in ‘Levitating’, compared to a D major scale in ‘Don Diablo‘.” She determined that this descending scale pattern, along with a single additional note described as a “signature melody,” was not subject to copyright protection.

“The Court ultimately concludes that there can be no substantial similarity (and thus no copyright violation) as a matter of law because the similarity between the works concerns only non-copyrightable elements,” Judge Failla wrote.

The case included notable co-defendants alongside Lipa, such as major music publishers Sony Music Publishing, Universal Music Corporation, and Warner Records Inc., as well as her ‘Levitating‘ co-writers Clarence Coffee, Jr., Sarah Hudson, and Stephen Kozmeniuk.

| — @DUALIPA reacting on winning her 2nd & final lawsuit against “Levitating” via Instagram Stories! pic.twitter.com/adlW8CFVVN

— Dua Lipa Hungary (@dlipahungary) March 28, 2025

A key factor in the court’s decision was the precedent set by Ed Sheeran’s victory in a copyright case in November 2024. In Structured Asset Sales, LLC v. Sheeran, the Second Circuit ruled that fundamental musical elements, like notes, rhythms, and chords, are generally not protected under copyright law. While plaintiffs can claim protection over an original arrangement of these elements, the court found that Lipa’s use of a common musical scale did not meet that standard.

Judge Failla also dismissed the plaintiffs’ argument that the pattern style of singing, a pop with a disco feel musical style, and the song’s tempo were evidence of copying. The court noted that such elements are commonplace and not eligible for copyright protection. Additionally, Failla highlighted historical examples, pointing out that the patter style has been used for centuries in the operatic works of Mozart, Rossini, and Gilbert and Sullivan.

The ruling further rejected the notion that protecting such broad musical characteristics would stifle creativity. “To hold otherwise would be to completely foreclose the further development of music in that genre or for that purpose,” Failla stated.

In addition to dismissing the copyright infringement claim, the judge also rejected the plaintiffs’ requests for declaratory relief and an accounting of profits, as those claims were rendered irrelevant by the primary ruling.

This legal win solidifies Lipa’s standing in the industry and reinforces the precedent that fundamental musical elements remain accessible to all artists. For Lipa, the victory means she can continue celebrating the success of ‘Levitating‘ without legal concerns — a resounding conclusion to a contentious battle.

The British rival to Spotify and Apple Music has developed it’s own streaming service and already has celebrity backers onboard including Robbie Williams, Alesha Dixon and Sheryl Crow.  As well as featuring on the TV ad campaign, which will run until December 21st, Kylie will also become a curator, making her able to share her exclusive playlists.

Kylie has commented to Music Week Magazine on their new partnership saying, “Music is my life’s great passion and I’m excited to be joining Robbie, Sheryl and the rest of the curation ream at Roxi. I can’t wait to share my playlists and the music I love with you all on Roxi.” The campaign will feature Kylie performing her new single ‘Magic,’ featured on her new album out last week. The advert is set in a family living room which is transformed into a nightclub dance floor, yoga studio, quiz floor studio and ends in a  concert stadium with Kylie.

ROXi CEO Rob Lewis has reported to of said to Music Week, “We’re delighted to welcome Kylie to Roxi. She’s the world’s favourite Australian export and has sold more than 80 million albums worldwide with seven No.1s in the UK alone. Having Kylie join the team at Roxi will help us to deliver on our vision to get everyone listening together, singing together, dancing together, playing together, with Roxi.”

As well as investment from former McLaren executive Rob Davies, the company also has financial backing from Hendrick Holmark, the former finance chief for Pandora and Saracens ruby owner Nigel Wray. The Telegraph newspaper reported that the company also struck partnerships with Sky in September, bringing their streaming services to Sky Q box top sets.

Between this week and the 21st December, there will be more than 350 million impacts broadcasted and the ad will run on over 100 TV channels to include sky movies, sky sports, channel 5, Discovery and most music channels. Although the business launched in 2015 and has suffered a series of delays, it has focused on developing software which can be installed on Televisions and game consoles.

ROXi originally manufactured their own top box for £99 in 2015 under a different name, ‘Electric Jukebox’ but it was clear they had to use an updated technology which could be more adaptable in order to succeed in the music business.

Due to market fluctuations over the coronavirus and Brexit, the company decided to cancel a float which could of seen it rise to 50 million, but the fluctuations in the market gave them concerns in this instance. Rob Lewis admitted to The Telegraph that the development of ROXi has been a “very long, arduous journey.”  Their determination to succeed in these uncertain times is now being fulfilled and having backing from huge stars such as Kylie Minogue will certainly go in their favour.