The Netflix hit “Stranger Things” has a date in court after the show’s creators the Duffer Brothers failed in their efforts to get a plagiarism lawsuit dismissed, Deadline reports.
The trial is set to start May 6. Meanwhile, season three of the series is due to launch on Netflix July 4.
The report quotes L.A. Superior Court Judge Michael Stern writing in today’s decision: “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.”
The decision came in the case involving a complaint by filmmaker Charlie Kessler, who says he pitched the concept for the show to the Duffers years before they say they came up with it themselves.
“Basically this year-long case is going to trial because the court has seen no proof that Matt and Ross Duffer came up with the incredibly successful and multi-Emmy nominated 1980s-set supernatural drama other than Matt and Ross Duffer saying that they did,” Deadline reports.
The judge is quoted writing: “Defendants submit that their creation was independent and occurred prior to plaintiff’s alleged disclosure of his idea to them. They each submit declarations relying upon and substantiating the credibility of each other’s testimony. However, there is little independent verifying evidence of the originality of their idea.”
A Netflix spokesperson is quoted saying today: “The Duffer Brothers have our full support. This case has no merit, which we look forward to being confirmed by a full hearing of the facts in court.”