Kanye West’s outlandish proposal to Kim Kardashian at Giants Stadium in San Francisco made entertainment news headlines in 2013, caps-lock Jumbotron message and all, and now may be the subject of a court case. A California appeals court has allowed the couple’s lawsuit over leaked video footage of the proposal to go forward, according to the Associated Press.

West and Kardashian reportedly first sued former YouTube CEO Chad Hurley in October 2013, after Hurley uploaded a video of West’s proposal to his new video-sharing venture, Mixbit. The proposal had been meant to air first on reality show Keeping Up With the Kardashians, licensed through the E! entertainment network and production company Bunim/Murray. The video Hurley posted on app Mixbit went up before the television premiere of the footage.

Hurley’s lawyers appealed against a March 2014 ruling that allowed the case to proceed, as decided by a Los Angeles judge. On Wednesday 22 April, the appeals court upheld that ruling, on the grounds that West and Kardashian could likely win their case on the grounds of fraud, a breach of contract and unjust enrichment.

Hurley signed a confidentiality agreement at the stadium, and was photographed holding it. West and Kardashian’s legal camp stand by their statements that Hurley breached the contract when he shared video footage of the proposal on Mixbit. Hurley countered that the agreement did not extend to any posts on Mixbit, according to the Associated Press, but the court on Wednesday negated his argument.

West proposed to Kardashian on her 33rd birthday, in an elaborate stunt that involved the Chicago Philharmonic Orchestra, pyrotechnics and the words “PLEEEASE MARRY MEEE!!!” projected on to the baseball stadium’s scoreboard. The couple married in Florence, in May 2014 and a photograph of the pair kissing on their wedding day was named Instagram’s “most-liked” picture last year – with over 2.3m likes at the time of writing.