Tom would definitely win this case if he pursued it, look at how Huey Lewis successfully sued Ray Parker Jr. for his hit song "Ghostbusters" and said it resembled Huey's "I Want A New Drug". Those songs are as different as night and day.
Huey turns 56 tomorrow.
some people theorize that Ray Parker ripped off "soul finger".
Could you imagine if rap 'artists' started suing each other with the same standards that apply to real music? Geezo, every rap song is so similar to the prior one. No, I take that back, there are actually about three total rap 'songs', and they just change the lyrics from one to another.