A judge in New York has dismissed Ed Sheeran’s request to dismiss a copyright case against him. The case revolves around his song Thinking Out Loud , which would look too much like Marvin Gayes song Let’s Get It On .

The judge ruled on Thursday according to the BBC that he saw “substantial similarities” between different musical elements of the two songs, and he therefore finds it necessary for a jury to consider the case. The judge noted that images of a concert in which Sheeran passes from Let’s Get It On to Thinking Out Loud without any difficulty , will impress jury members.

The lawsuit was filed by Kathryn Townsend, heir to Ed Townsend who wrote the song together with Gaye.

It is not the first time that the British singer has copyright problems. Last year he signed an agreement with two songwriters who had indicted him for stealing the song Photograph . Since then, these Martin Harrington and Thomas Leonard have been officially recognized as songwriters.

In November Sheeran came to an agreement with two Australians, who had filed a plagiarism case about the song The Rest Of Our Lives , which the Brit wrote for country musicians Tim McGraw and Faith Hill.