LOS ANGELES (AP) — An unusual lawsuit accusing Conan O’Brien of stealing jokes is moving forward.

A federal judge in San Diego refused last week to toss the lawsuit that alleges O’Brien lifted punchlines about Caitlyn Jenner, Tom Brady and the Washington Monument.

Writer Robert Alexander Kaseberg accused the late-night comedian of copyright infringement for stealing jokes he posted online.

Kaseberg has written for various publications and had more than 1,000 of his jokes told by O’Brien’s rival Jay Leno.

O’Brien, his company and Turner Broadcasting System deny the allegations and claim the material was original.

Judge Janis Sammartino says three jokes by Kaseberg are entitled to “thin copyright protection.”

But it will be up to judge or jury at trial to determine if O’Brien did rip off the jokes.

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