‘Stranger Things’ implied contract case heads to trial
The Superior Court of Los Angeles has denied a summary judgment to the creators of science fiction series “Stranger Things” after a lawsuit accused them of stealing the show’s concept.
On April 17, the court said brothers Matt and Ross Duffer had failed to provide evidence to show the originality of the idea and said the case against them could not be dismissed.
The lawsuit against the brothers was brought by Charlie Kessler in 2018, who alleged the Duffers stole his ideas from a project he pitched at the 2014 Tribeca Film Festival, suing the brothers for breach of implied contract.
In his lawsuit, Kessler said he presented concepts, ideas and material relating to a “new innovative and exciting film” to the brothers on the “mutually understood condition” that they would not “disclose, use or exploit the concepts without Kessler’s permission” or without compensating him in the form of payments.
Kessler said this constituted an implied contract.
The Superior Court of LA said the brothers failed to provide “verifying evidence of the originality of their idea”, and therefore whether or not there is a similarity between Kessler’s concepts and “Stranger Things” must be decided at trial.
In their argument to the court, the Duffer brothers argued that New York law should be applied because its law concerning implied contracts requires that an idea must be “novel”. They said this is not an element of implied contract law in California.
But, the court found that even under New York law, a “novel element” is not required, so there was no conflict and California law was also applicable in this case.
The court also said “triable issues of fact remain to be determined” regarding what was said between the brothers and Kessler in 2014; what Kessler meant to convey in the conversation; and how the brothers responded.
The court said that only then could it be concluded whether an implied contract was formed.
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