The song was featured on Pusha T's 2018 album "DAYTONA", but officials at FAME Enterprises Inc. have since taken issue with the tune, claiming it includes copyrighted portions of "I Can't Do Without You" by late soul singer George Jackson, for which the hip-hop stars did not request permission.
"The worldwide rights to the sound recording I Can't Do Without You are 100 (per cent) owned by FAME," reads the lawsuit, which was filed in Alabama, reports the local TimesDaily.com.
The plaintiffs go on to insist they would never have approved the 1972 song for use on "Come Back Baby" because it details "drug addiction and the money made from selling drugs".
They are demanding the rappers/producers hand over profits from the tune, and pay compensation and punitive damages for the alleged copyright violation, as well as any "statutory fines, costs, interest and expenses".
Lawyers for FAME also allege that Kanye and Pusha, along with label bosses at UMG Recordings, Def Jam Recordings, and G.O.O.D. Music, who are named as co-defendants, have a "pattern and practice of willfully sampling sound recordings without consent or permission".
Indeed, Kanye has faced numerous lawsuits over samples over the years, and just last week, ends June 07, moved to have a case regarding "Freeee (Ghost Town Pt. 2)", his "Kids See Ghosts" collaboration with Kid Cudi, dismissed, citing the fair use act, which, under U.S. law, allows the limited use of copyrighted material without authorisation from the copyright holder.
The defendants have yet to comment on the new court action.