(Radio.com) Madonna has won a lawsuit alleging that she and co-writer Shep Pettibone lifted a brief horn hit that appears on "Vogue." The sonic element lasts less than one-third of a second but VMG Salsoul, LLC noticed a similarity with a song in its collection called "Love Break," which Pettibone worked on.

Circuit Judge Susan Graber determined that most listeners couldn't make a connection between the horn hit in "Vogue" and previously recorded material.

"After listening to the audio recordings submitted by the parties, we conclude that a reasonable juror could not conclude that an average audience would recognize the appropriation of the horn hit," she wrote, according to NME.

"That common-sense conclusion is borne out by dry analysis," Graber continued. "The horn hit is very short--less than a second. The horn hit occurs only a few times in 'Vogue.' Without careful attention, the horn hits are easy to miss." Read more here.

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