'Stranger Things': Duffer Brothers' plagiarism summary judgement denied by court, trial set for May 6

'Stranger Things' season 3 is all set to premiere July 4, but the showmakers, the Duffer Brothers, are slated to appear at court on May 6 as they failed to get a plagiarism lawsuit dismissed

It's not the first time we are hearing the Netflix hit 'Stranger Things' is being sued for stealing. The show's creators Matt and Ross Duffer allegedly stole the idea from an aspiring filmmaker who pitched a project at the 2014 Tribeca Film Festival. On Wednesday, a Los Angeles Superior Court denied a plagiarism summary judgment to the Duffer brothers in a lawsuit brought by Charlie Kessler, reported the Hollywood Reporter.

Kessler stated that 'Stranger Things' is based on a feature film script titled 'The Montauk Project,' which centers around a placed called 'Montauk' in New York, which he says is home to "various urban legends, and paranormal and conspiracy theories." The Duffer brothers argued in January that they didn't "manifest any intent to enter into a binding agreement" with Kessler, and that they independently created 'Stranger Things,' whereas Kessler alleges that 'Stranger Things' derives from his concept for a sci-fi story set near an abandoned military base.

"Charlie Kessler asserts that he met the Duffers, then two young filmmakers whom Kessler never had heard of, and chatted with them for ten to fifteen minutes," wrote the defendants' attorney according to the same publication. "That casual conversation — during which the Duffers supposedly said that they all 'should work together' and asked 'what [Kessler] was working on' — is the sole basis for the alleged implied contract at issue in this lawsuit and for Kessler's meritless theory that the Duffers used his ideas to create Stranger Things."

The L.A. Superior Judge Michael Stern denied the summary judgment and said there is no "novel" requirement under either New York or California law and turned to Faris v. Enberg, a 1979 appellate decision upholding a trial court's conclusion that no implied in fact contract could be formed when the plaintiff had voluntarily submitted his idea for the purpose of establishing a future business relationship.

"The present situation presents far different facts than those detailed in Enberg," writes the judge in the statement. "The circumstances under which [Kessler] claims to have submitted his ideas to the defendants are not analogous. The plaintiff’s claimed expectations also differ significantly. He contemplated commercial exploitation and profitability... Triable issues of fact remain to be determined concerning what plaintiff said, what he meant to convey by his conversation and how the defendants responded before it can be definitively concluded whether or not an implied in fact contract was formed."

Directors Matt Duffer (L) and Ross Duffer attend the 70th Annual Directors Guild Of America Awards at The Beverly Hilton Hotel on February 3, 2018 in Beverly Hills, California.

The Duffers have submitted declarations that they've always been fascinated by urban legends and conspiracy theories and began working on a film on the topic in 2010. Judge Stern stated that the problem with these declarations about independent creation is that they lack verifying evidence of the originality of the idea.

"Without such admissible evidence, we are left with an issue of determining credibility that must be decided by the trier of fact," ruled the judge. "Moreover, whether or not there is a similarity between the concepts to be discerned by comparing them is a subissue of independent creation that must be decided by the trier of fact."

The Duffer Brothers are now scheduled to begin their trial on May 6. 

GET THE BIGGEST ENTERTAINMENT STORIES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Netflix is set to provide early access to its highly anticipated sophomore season of ‘Avatar: The Last Airbender.’
2 hours ago
The post-apocalyptic drama series is based on PlayStation’s classic video game franchise of the same name.
3 hours ago
The television adaptation from HBO will hit the small screen on Christmas Day this year
4 hours ago
Claudia Black, who played Mother Klothow in ‘Ahsoka,’ will no longer be a part of the Disney+ series.
5 hours ago
The Hulu comedy is heading to London for its sixth season with Steve Martin, Martin Short, and Selena Gomez reprising their roles
6 hours ago
Adam Remsen returns to face off against Sue Barndt and Benjy Malings on Monday’s episode of ‘Jeopardy!’.
7 hours ago
The show's second season premiered two weeks ago and ended with Kate and her friends going on a trip to Italy
7 hours ago
The beloved series has called Netflix home for years, but a newly announced move will soon change that for US subscribers.
10 hours ago
'Scrubs' star Zach Braff teases a bigger and better Season 2, hinting at exciting surprises in the reboot's future.
19 hours ago
DCU's upcoming major theatrical release includes 'Supergirl' featuring Milly Alcock in the leading role of Kara Zor-El.
22 hours ago