Miley Cyrus is asking a court to dismiss the copyright infringement lawsuit against her hit song “Flowers,” claiming the case has a “fatal flaw.”

According to NME, the lawsuit, filed by Tempo Music Investments in September 2024, alleges that “Flowers” unlawfully incorporates elements from Bruno Mars’ 2013 track “When I Was Your Man.”

Specifically, Tempo argues that certain melodic, harmonic and lyrical similarities in the songs allege that “Flowers” is a derivative work created without permission.

The lawsuit follows the massive success of “Flowers,” which became one of 2023’s best-selling singles globally. Other recent works include a cover of “Psycho Killer” from Talking Heads tribute album, collaboration with Beyonce “II Most Wanted” and “Doctor (Work for It)”, a collaboration with Pharrell Williams.

In her legal response, Cyrus asserts that the suit should be thrown out because Tempo only holds a partial interest in the original song, having acquired rights from one of Mars’ co-writers, Phil Lawrence.

Cyrus’ attorney, Peter Anderson, said this partial acquisition does not give Tempo the legal standing to bring the lawsuit. Without the consent of the other co-owners of “When I Was Your Man,” they argue, the claim cannot proceed under U.S. copyright law.

Tempo Music’s lead counsel, Alex Weingarten, countered the argument, calling it “intellectually dishonest” and asserting that they do have the right to enforce their claim as the copyright owner. The company is seeking damages and a court order that would prohibit further distribution and performance of “Flowers.”