Stranger Things Lawsuit Update, Copyright Cases Settled, What You Need To Know

Netflix’s Stranger Things has faced two major copyright infringement lawsuits since 2018—both resolved without trial through dismissals and confidential settlements. No public compensation or damages were awarded to any plaintiffs, and the Duffer Brothers maintained their show was independently created. As of December 2025, all copyright litigation has been resolved, with the only recent legal development involving a 2024 internal workplace complaint by Millie Bobby Brown against co-star David Harbour.

What Is the Stranger Things Lawsuit About?

Stranger Things faced two separate copyright infringement claims from individuals who alleged the Duffer Brothers stole their concepts.

The Montauk Lawsuit (2018-2019)

Filmmaker Charlie Kessler filed a breach of implied contract lawsuit in April 2018, claiming the Duffer Brothers stole his concept from his 2012 short film Montauk. Kessler alleged he pitched his idea—involving government experiments, missing children, and supernatural phenomena near an abandoned military base—to Matt and Ross Duffer at a 2014 Tribeca Film Festival party.

The lawsuit noted that Stranger Things was originally titled Montauk when Netflix greenlit the project in 2015, which Kessler claimed proved his influence. The show’s early setting was also Long Island before shifting to fictional Hawkins, Indiana.

The Totem Lawsuit (2020-2023)

Irish Rover Entertainment and screenwriter Jeffrey Kennedy sued Netflix and the Duffer Brothers in July 2020, alleging Stranger Things copied Kennedy’s unpublished screenplay Totem. The lawsuit claimed Netflix copied the “plot, sequence, characters, theme, dialogue, mood, and setting, as well as copyrighted concept art.”

Kennedy alleged concept artist Aaron Sims, who worked on Totem, later created art for Stranger Things and shared Kennedy’s screenplay with the Duffer Brothers.

Stranger Things Lawsuit Update, Copyright Cases Settled, What You Need to Know

Stranger Things Lawsuit 2025-2026 Update: What’s the Current Status?

No Active Copyright Litigation

All copyright lawsuits against Stranger Things have been resolved:

Montauk case: Dismissed May 2019 (day before trial)
Totem case: Settled August 2023 with mutual dismissal

2025 Workplace Complaint Development

The only recent legal matter involves an internal Netflix investigation into harassment and bullying allegations by Millie Bobby Brown against David Harbour before Season 5 filming. This was not a lawsuit but an internal workplace complaint resolved through Netflix’s investigation process in 2024.

Key details:

Brown filed internal complaint (not lawsuit) before Season 5 production
Allegations involved harassment and bullying, not sexual misconduct
Netflix investigation concluded in 2024
Matter resolved internally
No court filing or public settlement
Brown and Harbour reunited at November 2025 premiere

Stranger Things Settlement: What Compensation Was Available?

No Public Compensation Exists

Neither copyright lawsuit resulted in court-ordered damages or publicly disclosed settlements:

Kessler (Montauk) Case

Dropped voluntarily day before trial (May 5, 2019)
Parties declined to comment on whether confidential payment made
Kessler stated: “Documents from 2010 and 2013 prove that the Duffers independently created their show”
Case dismissed with prejudice
No compensation structure established

Kennedy (Totem) Case

Settled August 11, 2023 ahead of September trial
Joint agreement to dismiss with prejudice
Both parties bear own attorneys’ fees and costs
No settlement terms disclosed
Netflix continued calling lawsuit “meritless”

What Legal Claims Were Made in the Stranger Things Lawsuits?

Montauk Lawsuit Legal Theories

Charlie Kessler’s 2018 lawsuit alleged:

Breach of Implied Contract: Claimed informal agreement formed during 2014 conversation at Tribeca Film Festival
Industry Custom: Argued entertainment industry customs created expectation of compensation for pitched ideas
Unjust Enrichment: Alleged Duffer Brothers profited from his concepts without permission

The legal claim centered on whether a casual conversation at a cocktail party created contractual obligations under California or New York law.

Totem Lawsuit Legal Theories

Jeffrey Kennedy’s 2020 lawsuit claimed:

Copyright Infringement: Alleged direct copying of protected expression from Totem screenplay
Misappropriation of Trade Secrets: Claimed Aaron Sims improperly shared confidential screenplay and concept art
Substantial Similarity: Argued copyrightable elements were substantially similar between works

The court denied Netflix’s motion to dismiss in January 2021, finding factual questions existed about whether substantial similarity existed.

Stranger Things vs. Other Entertainment Lawsuits: How Does This Compare?

Similar High-Profile Cases

Led Zeppelin’s “Stairway to Heaven”: Jury verdict for defendants (no infringement)
Robin Thicke’s “Blurred Lines”: $5.3 million verdict for Marvin Gaye estate
Zootopia copyright claim: Settled confidentially
Avatar plagiarism suit: Dismissed

Industry Settlement Patterns

Most entertainment copyright cases settle before trial:

85-90% of copyright disputes settle confidentially
Settlement amounts typically undisclosed
Defendants rarely admit wrongdoing
Dismissals usually “with prejudice” (preventing re-filing)

Legal Standards Applied

Courts use the “extrinsic/intrinsic test” for substantial similarity:

Extrinsic test: Objective comparison of plot, themes, characters, dialogue, mood, sequence
Intrinsic test: Subjective “total concept and feel” from ordinary observer perspective
Filtering: Courts exclude unprotectable elements (ideas, scenes à faire, historical facts)

The Montauk case never reached this analysis because Kessler withdrew. The Totem case survived initial dismissal, suggesting Kennedy established enough similarity for jury consideration.

Stranger Things Lawsuit Timeline: Key Dates and Developments

2010-2013: Duffer Brothers develop concept in emails and scripts (evidence in Kessler case)

2012: Kessler’s Montauk short film debuts at Hamptons International Film Festival

2014: Alleged pitch meeting at Tribeca Film Festival between Kessler and Duffer Brothers

2015: Netflix announces Stranger Things (originally titled Montauk)

2016: Stranger Things Season 1 premieres July 15

April 2, 2018: Kessler files breach of implied contract lawsuit

February 2019: Court denies Duffer Brothers’ summary judgment motion

May 5, 2019: Kessler withdraws lawsuit day before trial; dismisses with prejudice

July 16, 2020: Irish Rover Entertainment/Kennedy files copyright infringement lawsuit

January 2021: Court denies Netflix’s motion to dismiss Kennedy lawsuit

August 11, 2023: Kennedy lawsuit settled; dismissed with prejudice

Before 2024: Brown files internal Netflix complaint (exact timing disputed)

2024: Netflix investigation concludes; matter resolved

November 2025: Brown and Harbour reunite at Season 5 premiere

November 26, 2025: Stranger Things Season 5 Volume 1 releases

December 25, 2025: Season 5 Volume 2 scheduled release

What Legal Experts Say About the Stranger Things Cases

Copyright Law Analysis

Legal scholars identified key issues in both cases:

Idea vs. Expression Dichotomy

Both lawsuits struggled with copyright’s fundamental limitation: ideas cannot be copyrighted, only specific expression. Legal experts noted:

Government experiments on children (common sci-fi trope)
Portals to alternate dimensions (widespread in genre)
Young protagonist with supernatural powers (archetypal)
Small-town setting (generic)

Professor Daniel Paxton (NYU Journal of Intellectual Property) analyzed the Kessler case, noting: “The Duffers’ physical evidence of independent creation likely means that Kessler cannot outright win on his contract claim.”

Independent Creation Defense

The Duffer Brothers presented evidence dating to 2010 showing:

Email discussions of Montauk Project urban legends
2013 pilot script with key Stranger Things elements
Long-standing interest in 1980s nostalgia and government conspiracies

This timeline predated both Kessler’s 2014 pitch and Kennedy’s Totem screenplay, strengthening independent creation claims.

Implied Contract Standards

Entertainment lawyers noted the Kessler case tested whether casual industry conversations create enforceable contracts. The Los Angeles Superior Court initially found factual questions existed, but Kessler’s withdrawal suggests his expert testimony undermined his claims.

Recent Stranger Things Case Developments in 2025-2026

No New Copyright Litigation

As of December 2025, no new copyright infringement lawsuits have been filed against Stranger Things, Netflix, or the Duffer Brothers.

Workplace Complaint Resolution

The 2024 internal investigation involving Millie Bobby Brown’s harassment and bullying complaint against David Harbour was resolved through Netflix’s internal processes. Key 2025 developments:

Investigation concluded before Season 5 filming
No lawsuit filed in court
Both actors attended Season 5 premiere together in November 2025
Brown had personal representative present during Season 5 filming
Matter remains confidential per Netflix policy

Cultural Context

The complaint highlights industry-wide conversations about:

Power dynamics between adult and child actors
Workplace safety for young performers
Method acting boundaries
On-set conduct standards

FindLaw noted: “Filing formal complaints can help establish a pattern of abuse to aid legal claims” should Brown pursue litigation later, though no evidence suggests she intends to do so.

What Are the Eligibility Requirements for Claims?

No Compensation Fund Exists

Because both copyright lawsuits settled without establishing public compensation structures, there are no:

Class action settlements to join
Claim filing procedures
Eligibility requirements
Compensation amounts
Deadlines for filing

If New Lawsuits Emerge

Future copyright claimants would need to establish:

Original Copyrightable Work: Must have created screenplay, film, or other protectable expression before Stranger Things
Access: Must prove Duffer Brothers had opportunity to view/hear plaintiff’s work
Substantial Similarity: Must demonstrate copying of protected expression (not just ideas)
Damages: Must calculate financial harm from alleged infringement

Statute of Limitations

What This Means for Affected Parties Going Forward

For Copyright Claimants

The resolution of both lawsuits demonstrates:

High Bar for Proving Access: Plaintiffs must establish clear chain showing defendants viewed their work
Independent Creation Defense: Well-documented development process defeats infringement claims
Settlement Pressure: Litigation costs and uncertainty drive confidential settlements
No Admission of Wrongdoing: Neither settlement included acknowledgment of copying

For Entertainment Industry

The cases reinforce existing practices:

Document Development: Keep dated records of creative development process
Common Tropes: Generic sci-fi elements cannot be monopolized
Pitch Meetings: Informal conversations rarely create enforceable contracts
Settlement Strategy: Most copyright disputes resolve before trial

For Content Creators

Screenwriters and filmmakers should:

Register copyrights with US Copyright Office before sharing work
Use written pitch agreements specifying compensation terms
Document all communications with potential collaborators
Understand difference between protectable expression and unprotectable ideas

FAQ: Stranger Things Lawsuit 2025-2026

Is there a Stranger Things lawsuit in 2025?

No active copyright lawsuits exist in 2025. Both major copyright cases (Kessler/Montauk in 2019 and Kennedy/Totem in 2023) have been resolved. The only recent legal matter was Millie Bobby Brown’s 2024 internal workplace complaint against David Harbour, which was resolved through Netflix’s investigation process.

How much was the Stranger Things lawsuit settlement?

Settlement amounts were not publicly disclosed in either case. Both parties agreed to confidential terms. The Kessler case was dismissed with each party bearing own costs. The Kennedy settlement specified both parties would bear own attorneys’ fees but did not reveal financial terms.

Can I file a claim for Stranger Things compensation?

No. Neither lawsuit created a compensation fund or class action settlement. No claim filing procedures exist, and no eligibility requirements were established for public claimants.

What happened with the Montauk lawsuit?

Charlie Kessler dropped his breach of implied contract lawsuit on May 5, 2019—the day before trial was scheduled to begin. He acknowledged that evidence showed the Duffer Brothers independently created Stranger Things. The case was dismissed with prejudice.

What happened with the Totem lawsuit?

Netflix and the Duffer Brothers reached a confidential settlement with Jeffrey Kennedy and Irish Rover Entertainment on August 11, 2023. The case was dismissed with prejudice ahead of a September trial. Netflix continued to call the lawsuit “meritless” despite settling.

Did the Duffer Brothers steal Stranger Things?

The Duffer Brothers consistently maintained they independently created Stranger Things based on their long-standing interest in 1980s nostalgia, government conspiracies, and the Montauk Project urban legends. They presented emails and scripts dating to 2010-2013 as evidence of independent creation before meeting either plaintiff.

What legal claims were made in the lawsuits?

Kessler alleged breach of implied contract and unjust enrichment based on a 2014 pitch meeting. Kennedy alleged direct copyright infringement and misappropriation of trade secrets through concept artist Aaron Sims.

Are there other Stranger Things lawsuits?

No. Only two major copyright lawsuits have been filed: Kessler (2018-2019) and Kennedy (2020-2023). Both have been resolved. Millie Bobby Brown’s 2024 harassment complaint was an internal workplace matter, not a lawsuit.

What is the Millie Bobby Brown lawsuit about?

There is no lawsuit. Brown filed an internal Netflix workplace complaint alleging harassment and bullying by David Harbour before Season 5 filming. Netflix investigated and resolved the matter internally in 2024. No court case was filed.

Can I still file a Stranger Things copyright claim?

Potential claimants would need to establish: (1) copyrightable work created before Stranger Things; (2) proof Duffer Brothers had access to the work; (3) substantial similarity of protected expression; (4) claims filed within three years of discovering infringement. Most claims would face the same challenges Kessler and Kennedy encountered.

What are the deadlines for filing claims?

Copyright claims must be filed within three years under 17 U.S.C. § 507(b). Since Stranger Things premiered in July 2016, claims for Season 1 infringement would have been time-barred after July 2019 unless discovery delayed the limitations period.

How do I prove copyright infringement against a TV show?

Plaintiffs must prove: (1) ownership of valid copyright; (2) defendant copied protected elements; (3) substantial similarity between works. Courts apply extrinsic/intrinsic tests, filtering out unprotectable ideas, stock scenes, and common tropes.

What damages are available in copyright cases?

Copyright law allows: (1) actual damages (plaintiff’s losses and defendant’s profits); (2) statutory damages ($750-$30,000 per work, up to $150,000 for willful infringement); (3) attorneys’ fees at court’s discretion; (4) injunctions prohibiting further infringement.

Applicable Legal Principles in Entertainment Copyright Cases

Substantial Similarity Test

Courts evaluate whether allegedly infringing work is substantially similar using two-part analysis:

Extrinsic Test (Objective): Side-by-side comparison of plot, themes, dialogue, mood, setting, sequence after filtering unprotectable elements
Intrinsic Test (Subjective): Whether ordinary observer would perceive substantial similarity in total concept and feel

Scènes à Faire Doctrine

Elements dictated by genre conventions or external facts are not protectable:

Government conspiracies in sci-fi thrillers
Small-town settings in coming-of-age stories
Supernatural powers in fantasy narratives
Portal to alternate dimension tropes
Missing child investigation plots

Independent Creation Defense

Copyright infringement requires copying. Even identical works created independently do not infringe. Defendants must show:

Temporal evidence of independent development
Documentary proof (emails, scripts, notes)
Testimony establishing separate creative process

Idea/Expression Dichotomy

Only specific expression is copyrightable, not underlying ideas:

Unprotectable: “Story about kids fighting monsters from alternate dimension”
Protectable: Specific dialogue, character development, plot sequence, visual presentation

Implied Contract Requirements

For implied contract claims like Kessler’s, plaintiffs must establish:

Parties’ mutual understanding that compensation expected
Industry customs supporting contractual expectations
Clear manifestation of agreement beyond casual conversation
Consideration exchanged between parties

Implications for Future Entertainment Litigation

Precedent Value

While neither case produced published appellate opinions, the settlements provide industry guidance:

Document Everything: Duffer Brothers’ 2010-2013 emails proved decisive
Early Motion Practice: Kennedy survived initial dismissal, forcing settlement
Settlement Economics: Even “meritless” cases cost millions to defend
Public Relations: Confidential settlements avoid public trials

Industry Best Practices

Entertainment companies now emphasize:

Written submission agreements for all pitches
Non-disclosure agreements with collaborators
Copyright registration before sharing creative works
Detailed development documentation

Legal Reform Discussions

Some copyright scholars argue current law creates “strike suit” incentives, where plaintiffs with weak cases extract settlements by threatening expensive litigation. The Stranger Things cases illustrate this dynamic—both resolved despite defendants’ strong independent creation evidence.

Conclusion: What You Need to Know About Stranger Things Lawsuits

Stranger Things faced two major copyright infringement lawsuits, both resolved without trial through voluntary dismissal (Montauk/Kessler, 2019) and confidential settlement (Totem/Kennedy, 2023). No public compensation was awarded, no class action settlements exist, and no claim filing procedures are available.

The Duffer Brothers successfully defended both cases by presenting evidence of independent creation dating to 2010-2013, years before encountering either plaintiff. Both cases demonstrate the challenges copyright claimants face when suing successful entertainment properties: high litigation costs, strong independent creation defenses, and the idea/expression dichotomy limiting protectable elements.

As of December 2025, all copyright litigation has been resolved. The only recent legal development involves Millie Bobby Brown’s 2024 internal workplace complaint against David Harbour, which was resolved through Netflix’s investigation process and did not result in litigation.

For those researching the Stranger Things lawsuits, the key takeaway is clear: despite two separate plaintiffs claiming the show copied their work, both cases ended without establishing liability, public damages, or compensation structures. The settlements reflect the economic reality of entertainment litigation—even strong defenses cost millions to prove at trial.

Disclaimer: This article provides general information about resolved Stranger Things copyright litigation based on publicly available court documents and news reports current as of December 2025. It is for educational purposes only and does not constitute legal advice. Settlement terms remain confidential. Consult a qualified attorney for legal guidance on specific copyright matters.

Last Updated: December 26, 2025

Sources: Hollywood Reporter, Variety, Bloomberg Law, FindLaw, Deadline, Plagiarism Today, NYU Journal of Intellectual Property & Entertainment Law, U.S. District Court for the Central District of California filings, Los Angeles Superior Court records

For more entertainment law analysis and lawsuit updates, visit AllAboutLawyer.com

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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Stranger Things Lawsuit Update, Copyright Cases Settled, What You Need to Know