Marvin Gaye's family are countersuing Robin Thicke over the similarities between 'Blurred Lines' and 'Got to Give It Up'. The situation arose after Thicke, T.I. and Pharrell filed a pre-emptive suit to protect their track following a series of comments that it has taken more than just influences from the Marvin Gaye track that it was inspired by.

The family are also targeting song publisher EMI April, who have vested interests in both artists, claiming that they willingly turned a blind-eye to copyright infringement of the beloved 'Got to Give It Up' and another of Gaye’s songs 'After the Dance', which Thicke used in his song, ‘Love After War'.

Having already admitted in a GQ interview that he wanted to make a song that was reminiscent of 'Got to Give it Up', Thicke instigated the pre-emptive attempt to safeguard his single by taking the Gaye family to court, he told GQ: "Pharrell and I were in the studio and I told him that one of my favourite songs of all time was Marvin Gaye's 'Got to Give it Up'. I was like, 'Damn, we should make something like that, something with that groove.' Then he started playing a little something and we literally wrote the song in about a half hour and recorded it."

Unfortunately for Thicke and Pharrell, the interview doesn't seem to have made an impression on the family with Billboard reporting that Frankie Gate and Nona Gaye are maintaining that the song is a: "blatant copying of a constellation of distinctive and significant compositional elements of Marvin Gaye's classic #1 song." The family have even taken it a step further by suggesting that Thicke has a fixation with Gaye and has modelled his musical style on the soul singer.

In order to backup their claims the family have included a report from musicologist Judith Finell in their countersuit that says that the songs have "at least eight substantially similar compositional features... far surpassing the similarities that might result from attempts to evoke an 'era' of music or a shared genre." Although most consequential and in light of their clash of interests, is EMI's possible breach of contract in failing to protect Gaye's music, which could result in their releasing of their protective rights to Gaye's songs and a loss of profit from 'Blurred Lines'. [viaPitchfork]