Robin Thicke and Pharrell Williams have lost the first round in their battle with Marvin Gaye’s family in an ongoing debate over whether their 2013 megahit “Blurred Lines” infringed on Gaye’s 1977 song “Got to Give It up.”

U.S. District Court Judge John Kronstadt denied Thicke and William’s motion for a court ruling stating that "Blurred Lines" had not borrowed substantially from Gaye’s song, instead writing that Gaye’s family members "have made a sufficient showing that elements of 'Blurred Lines' may be substantially similar to protected, original elements of 'Got to Give It Up.'" That means the Gaye family’s lawsuit can proceed.