Delaware-based company VMG filed a suit on July 11 against Madonna, 53, and her onetime label WB Records saying the track samples the 1977 song 'Love Break', reported MTV online.
'Vogue' was produced by Shep Pettibone, who also worked on remixes of 'Love Break' and is named in the suit as well.
"The portions of 'Love Break', which have been copied into 'Vogue' and all its various mixes, remixes videos, YouTube versions, etc are numerous but intentionally hidden. The horn and strings in 'Vogue' are intentionally sampled from 'Love Break' throughout," the suit from VMG reads.
Earlier this year, Madonna commented on the similarities between her own 'Express Yourself' and Lady Gaga's 'Born This Way'.