Led Zeppelin are set to face another copyright infringement trial over claims their classic track “Stairway To Heaven” copies a riff from “Taurus” by Spirit. The case was originally closed in 2016 when a Los Angeles federal court jury ruled that there was no infringement.

Listen: Led Zeppelin – “Stairway To Heaven”

Now a three-judge panel from the US Court Of Appeals have unanimously ruled that the trial was unfair, and must be sent back to court. The LA Times reports the panel decided a new trial was needed as the judge who presided over a 2016 trial had given erroneous and prejudicial instructions to the jury.

Listen: Spirit – “Taurus”

The judge told the jury common musical elements including “descending chromatic scales, arpeggios or short sequences of three notes,” were not protected by copyright. The panel also said the jury should have been allowed to listen to “Taurus” – which did not happen.

A trustee of the estate for Spirit guitarist Randy Wolfe filed the suit in 2015. That trial saw Led Zeppelin frontman Robert Plant and guitarist Jimmy Page testify in court, denying the copyright allegations.

The lawsuit stemmed from the similarities between the opening bars of “Stairway To Heaven” and a passage 45 seconds into the instrumental track “Taurus”. A member of Spirit testified that the two bands had played several shows together in the years prior to “Stairway” being released, and there was evidence that Plant had attended a Spirit show the year before the band released their iconic track.

Led Zeppelin celebrate their 50th anniversary this year and whilst a reunion tour is definitely not happening, the surviving members have put together a few exciting releases to mark the occasion. A 34 track interview album was released yesterday in which the group’s surviving members discuss their legacy as well as their greatest tracks.

The group have also put together a massive 400 page book featuring unreleased photos and and artwork annotated and selected by Plant, Page, and John Paul Jones. Watch Led Zeppelin’s live video for “Black Dog” from 1973 below.

Watch: Led Zeppelin – “Black Dog” Live at Madison Square Garden