It's very similar but maybe there's enough different notes to prevent him getting sued.
This happens all the time. There's only a limited number of notes, patterns, progressions you can do before writers start stumbling onto other people's written work.
Like that case where Men at Work are getting sued because they're song "Land Down Under" ( yeah danny green's intro song
) has a similar melody in it that resembles the main theme from "Kookaburra sits in the old gum tree". Heard it on the radio - total rubbish, should be thrown out of court.
