NewJeans ETA Lawsuit Filed in U.S. Court Over Alleged “Samir’s Theme” Similarities

All Surface Publishing has filed a U.S. copyright infringement complaint in the United States over NewJeans’ 2023 single “ETA,” placing the NewJeans ETA lawsuit before the U.S. District Court for the Central District of California. The complaint, filed on July 7, 2026, alleges that “ETA” copied protected elements from DJ Debonair Samir’s 2005 Baltimore club track “Samir’s Theme.” ¹

The suit names a wide group of defendants connected to the song’s release and distribution, including HYBE, HYBE America, ADOR, the five NewJeans members, UMG Recordings, BANA Entertainment, Apple and other parties, according to the court filing. ² ADOR has said it is reviewing internal materials related to whether a similarity review was properly conducted under former CEO Min Hee-jin. ³

U.S. Copyright Case Over NewJeans’ “ETA”

The complaint centers on All Surface Publishing’s claim that it owns the registered composition “Samir’s Theme” and that “ETA” contains similar melodic and rhythmic material without authorization. The publisher alleges that the contested NewJeans track copied a combination of musical elements, including horn, rhythm and bass drum patterns. ¹

Dispatch reported that the complaint describes the allegedly copied material as including a syncopated horn melody, sixteenth-note rhythmic structure and bass drum from “Samir’s Theme.” ⁴ In the filing language cited by Music Business Worldwide, All Surface Publishing claims the works are “strikingly and/or substantially similar, and indeed virtually identical.” ¹

All Surface Publishing is seeking revenue and profits from “ETA” and an order barring further use of the song, Music Business Worldwide reported. ¹ Dispatch also reported that the plaintiff seeks an injunction, profit disgorgement, damages and statutory damages if willful infringement is found. ⁴

The complaint says All Surface sent an infringement notice around June 2026 and that the parties did not reach a resolution before the lawsuit was filed. In the court filing, All Surface states: “The parties did not reach a resolution.” ²

Defendants Named in the Complaint

The lawsuit extends beyond NewJeans and ADOR. The court filing names HYBE, HYBE America, ADOR, the five NewJeans members, UMG Recordings, BANA Entertainment, Apple and other parties. ² The Korea Times also reported that the suit names NewJeans, ADOR, HYBE, producer 250, lyricists Beenzino and Vana, and Apple. ³

Apple’s inclusion is tied to the “ETA” music video’s connection with an iPhone 14 Pro campaign, MK Sports reported. ⁵ The source material does not state that Apple has issued a public response to the complaint.

ADOR’s public position, as reported by MK Sports, links the disputed song’s sourcing process to the company’s previous management structure. In a statement quoted by the outlet, ADOR said the contested track was “sourced through BANA selected by then-CEO Min Hee-jin.” ⁵ The company also said it is reviewing internal records on whether similarity checks were properly handled. ⁵

The Korea Times separately reported that ADOR told the outlet it was reviewing internal records related to whether a similarity review had been properly conducted under former CEO Min Hee-jin. ³ The available source material does not provide a court ruling, settlement, dismissal or formal response from all named defendants.

Claims and Current Status

The case is at the complaint stage based on the available materials. All Surface Publishing alleges direct and vicarious copyright infringement, while the defendants named in the complaint have not been reported in the provided source material as having filed a court response.

The central legal claim is that “ETA” allegedly used protected musical material from “Samir’s Theme” without authorization. Digital Music News reported that All Surface Publishing claims it sent a cease-and-desist letter before filing suit and is seeking damages and a share of revenue generated by the song. ⁶

Digital Music News also noted that All Surface previously sued over alleged use of “Samir’s Theme” in Pitbull’s “I Feel Good,” and that the earlier case later settled. ⁶ That prior matter is separate from the current NewJeans case, but it adds context to the publisher’s enforcement history around the same underlying work.

For now, the NewJeans ETA lawsuit remains an active copyright dispute based on allegations set out by All Surface Publishing in California federal court. The next substantive development would depend on court filings, responses from the named defendants or any reported resolution between the parties.

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Cloi Lee

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