In Tejano Case, Virtually Identical Opening Lines Of Song Does Not Mean Per Se Striking Similarity; 5th Cir.

Guzman v. Hacienda Records, No. 15-40927 (5th Cir. Dec. 14, 2015).

Affirming judgment after a bench trial, the Fifth Circuit held that the District Court did not err in finding lack of access to the song (despite radio play and live performances) and that the songs were not strikingly similar even though the first lines were virtually identical (because there was no evidence of uniqueness or complexity).  Applying the "clearly erroneous standard," the 5th Circuit declined to second guess the District Court's findings.