Hall & Oates reportedly learned last year that a singer-songwriter had used the song in a 2006 recording. The suit, filed in Manhattan’s state Supreme Court, claims the music publisher breached its contract with Hall & Oates by then refusing to sue the aforementioned singer-songwriter and other acts for copyright infringement, according to documents obtained by the New York Daily News.

“[Warner/Chappell] failed and refused to take action based upon a conflict of interest of its own making,” the suit says. “[Warner-Chappell] publishes and/or administers the copyright interests of two of the infringers.”

The duo is seeking unspecified damages and a termination of their contract with Warner/Chapell, which has called the suit “completely without merit.”