R&B superstar Usher faces a copyright lawsuit over his 2004 No. 1 hit single “Burn.”

According to Billboard, U.S. District Court Judge Christina Snyder last month accepted a musicologist’s report that the track had similarities to songwriter Ernest Lee Straughter’s “The Reasons Why.” The single was recorded by R&B group Reel Tight, who released it under the name “No More Pain” in 1998.

The report claimed that both songs shared numerous similarities including a “highly unusual” 18-bar introduction, similar guitar and vocal styling, music instruments that come in at the exact same time, among other similarities.

Snyder ruled that there was sufficient possibility that Usher and his camp had access to the rare track and denied a motion to dismiss the case. As a result, a jury may have to review both tracks and determine whether “Burn” was stolen.

The defendants in the case include Usher, producer Jermaine Dupri, EMI April Music, and Sony Music. Their lawyers filed a motion earlier this month that requests Snyder reconsider her August order.

To prove his case, Straughter must show that the songs are similar and show that the defendants had access to his work.

Straughter offered numerous scenarios on how Usher’s camp could have come across the track, but Judge Snyder considered both parties’ mutual collaboration with rapper Warren G to be the most concrete.

She also found that Reel Tight’s album reached No. 197 on Billboard’s R&B/Hip-Hop Album chart and could have been discovered through “wide dissemination.”

But Usher’s party refuted the claims, saying Warren G had nothing to do with the creation of “Burn” and Reel Tight’s song was a “random and unproven song buried on an album.” They also pointed out that the song was only played on the radio three times—twice in Chattanooga, Tenn. and once in Denver.

Usher was hit with a copyright lawsuit last year for his single 2004 single “Caught Up,” which appeared with “Burn” on the “Confessions” album. According to EUR Web, an up and coming singer songwriter who said she was signed to Alicia Keys’ MBK Entertainment label, wrote the single for her debut album.

The singer then heard the track on “Confessions” and realized that she wasn’t listed as one of the songwriters. She filed the suit in New York and demanded damages for profits received from sales of the track.