It's the lawsuit that just won't die. The judge in the copyright infringement case launched by Marvin Gaye's estate over similarities between "Got to Give It Up" and Robin Thicke and Pharrell Williams' hit song "Blurred Lines" recently ruled that the "Blurred Lines" team would have to pay up to the tune of $7.4 million. Gaye's estate, seemingly unsatisfied, hit out further, targeting record companies and the song's guest rapper T.I., sparking rumours that an injunction would be launched against the sale of the song.
Now, Thicke and Williams' legal team have requested a new trial. In a motion filed Friday (May 1), they asked the case return to court on the basis that insufficient evidence was presented, and that prejudice prevented a fair trial. It reads:
The grounds for this motion are that the jury's verdict finding that Counter-Defendants infringed "Got to Give It Up" and the damages and profits awarded by the jury are unsupported by any evidence, let alone substantial evidence, and are contrary to law; and evidentiary errors and legal errors in the jury instructions were prejudicial and prevented Counter-Defendants from receiving a fair trial.
As Billboard points out, a pre-trial decision was made that the songs would be compared strictly on the basis of their sheet music, with the "Blurred Lines" team now claiming this makes it unfair that Thicke was asked to tell the jury about his influence in creating the song, and that a consulting musicologist's opinion on the similarities is irrelevant.
Gaye's estate also filed two new motions, one demanding that Interscope, UMG and other companies be held accountable, and one officially seeking an injunction to stop the sale of the song, or be granted 50 percent of all future profits.
Now, Thicke and Williams' legal team have requested a new trial. In a motion filed Friday (May 1), they asked the case return to court on the basis that insufficient evidence was presented, and that prejudice prevented a fair trial. It reads:
The grounds for this motion are that the jury's verdict finding that Counter-Defendants infringed "Got to Give It Up" and the damages and profits awarded by the jury are unsupported by any evidence, let alone substantial evidence, and are contrary to law; and evidentiary errors and legal errors in the jury instructions were prejudicial and prevented Counter-Defendants from receiving a fair trial.
As Billboard points out, a pre-trial decision was made that the songs would be compared strictly on the basis of their sheet music, with the "Blurred Lines" team now claiming this makes it unfair that Thicke was asked to tell the jury about his influence in creating the song, and that a consulting musicologist's opinion on the similarities is irrelevant.
Gaye's estate also filed two new motions, one demanding that Interscope, UMG and other companies be held accountable, and one officially seeking an injunction to stop the sale of the song, or be granted 50 percent of all future profits.