British pop star Dua Lipa might still be dancing the night away riding high from the success of her hit song and performance in Barbie, but a federal judge in New York just burst her pink bubble a bit. Dua Lipa has been ordered to face a lawsuit accusing her of copying her huge 2021 hit Levitating from a 1979 disco song. This marks the second band to sue Dua Lipa for copyright infringement for the same song.

The latest lawsuit is being brought about by the creators of a song called “Wiggle and Giggle All Night,” a title that tells you everything you need to know about the disco era. Nevertheless, the U.S. District judge in the case, Katherine Polk Failla, said on Tuesday that songwriters L. Russell Brown and Sandy Linzer had a right to attempt to prove “substantial similarity” between Dua Lipa's hit song and their own anthem.

Beyond the general claim that “Levitating” shares “compositional elements” with “Wiggle and Giggle”, the lawsuit, which was filed in March of 2022, wants particular attention to be paid to the opening melody, which the songwriters feel had been duplicated by Dua Lipa's song.

Live and breathe pop culture?

🚨 Get viral graphics, memes, rumors and trending entertainment news delivered right to your inbox with the Clutch Newsletter.

The defense lawyers for Dua Lipa, seemingly unaware of the internet, are arguing that it was implausible to believe that Lipa, 27, heard “Wiggle” before writing “Levitating.”

Failla actually agreed with that line of reasoning, but said the plaintiffs alleged “just enough facts” to argue that the songs were so “strikingly similar,” including by sharing a “repetitive rhythm” and “signature melody,” that Lipa must have copied theirs.

Failla wrote, “The court cannot foreclose the possibility of plaintiffs meeting the undoubtedly high bar of proving striking similarity.”

Jason Brown, a lawyer for the plaintiffs, issued a statement saying they “have great respect for the artists of today but if their material is used there must be proper attribution and compensation. We look forward to conducting discovery and taking this case to trial.”

Failla's opinion does not cover another claim by the plaintiffs, that “Levitating” copied another song, “Don Diablo,” to which they owned a copyright.

This follows another lawsuit against “Levitating” from June, in which a federal judge in Los Angeles dismissed a case against Dua Lipa — who had been accused that time by a Florida reggae group, Artikal Sound System, of copying their 2017 song “Live Your Life.”

“Levitating,” the number 1 song on Billboard's 2021 year-end chart, is from Dua Lipa's album “Future Nostalgia.” It also spent 77 weeks on Billboard's Hot 100 U.S. singles chart.

Feel free to judge for yourself whether Dua Lipa copied “Wiggle and Giggle All Night”. Just a warning however that the song and music video might not exactly have you levitating.