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Lizzo is facing a copyright lawsuit over her “I’m Going Til October,” a track she teased on social media to poke fun at Sydney Sweeney’s American Eagle ad controversy but never actually commercially released.

The case, filed Tuesday by a group called GRC Trust, claims that Lizzo’s provocative song (also known as “Good Jeans” in reference to the Sweeney debacle) stole material from an earlier track called “Win or Lose (We Tried),” which appears to have been recorded by the soul singer Sam Dees.

Obtained by Billboard, the lawsuit is light on details – claiming Lizzo’s track “incorporates, interpolates, and samples instrumental and vocal elements” without more specifics. But it pointedly says that reps for the star have “acknowledged” that the materials were used.

The case is notable because Lizzo never formally released the song in question. Though she teased a snippet on TikTok, the star has not included it on any formal release, including her June mixtape My Face Hurts From Smiling. Her long-awaited next studio album, Love in Real Life, was scheduled to drop at some point in 2025 but she said last month she’s unsure if or when it will be released.

Posting a song featuring an uncleared sample on social media would still count as copyright infringement; but the stakes would be lower, because it would be harder to prove that Lizzo made substantial profits without actually selling the allegedly infringing song. Such pre-release disputes are more typically handled with private negotiations rather than full-blown lawsuits.

In a statement to Billboard, Lizzo’s reps said: “We are surprised that The GRC Trust filed this lawsuit. To be clear, the song has never been commercially released or monetized, and no decision has been made at this time regarding any future commercial release of the song.”

The American Eagle ads, launched in July under the tagline “Sydney Sweeney Has Great Jeans,” sparked criticism that they were an allusion to eugenics and white supremacist ideals. That then prompted a right-wing backlash defending them and mocking the critiques.

In her August video on TikTok, Lizzo can be seen washing a Porsche while wearing a denim top. The clip features a snippet from “Going Til October,” in which the star raps: “No kizzy, he ain’t got no business being with me. Fat ass pretty face with the titties. Bitch, I got good jeans like I’m Sydney.”

While Tuesday’s lawsuit claims that snippet used material from “Win or Lose,” it doesn’t explicitly specify who wrote or recorded that track. But it appears to be the 1995 song recorded by Dees, which repeatedly features the lyric “win or lose we tried.” In an earlier sampling suit against Ye (formerly Kanye West), GRC Trust brought similar infringement allegations over another track by Dees.

The copyright case is the latest legal headache for Lizzo. In 2023, she was hit with a bombshell lawsuit from three former dancers (Arianna Davis, Crystal Williams and Noelle Rodriguez) who claimed they had experienced sexual harassment and a hostile work environment while working for the superstar. The case, which also included allegations of weight-shaming, racial and religious discrimination, remains pending amid a lengthy appeal.