HBO

Phame Factory has filed a lawsuit against Sony Pictures over their upcoming film “Slender Man” and an indie title called “Flay” that Sony says is a copycat of the internet urban legend they bought the rights for.

In court documents filed Thursday in West Texas and obtained by TheWrap, production company Phame says they have received several cease-and-desist letters over their plans to release “Flay,” and now want a judge to rule that “Flay” does not infringe on Sony’s copyrights for “Slender Man.”

Also Read: 'Slender Man' Movie 'Extremely Distasteful,' Says Father of Girl Who Stabbed Classmate

In fact, Phame even challenges the validity of the “Slender Man” copyrights, stating they are “either indefinite, encompass free to use by all public domain property or lack the requisite legal requirements to be protectable and enforceable.”

“Slender Man” was created nine years ago by Eric Knudsen, who posted a ghost story on the web forum Something Awful that included a picture of a tall, faceless, ghost-like man looming over two girls. The picture spawned an online urban legend of sorts, with Knudsen and others posting stories and pictures of Slender Man on various websites. In May 2016, Sony announced plans to develop the meme into a movie.

Also Read: 'Shape of Water' Lawsuit Filed Against Guillermo del Toro Dismissed

Phame says that this past January, they first received cease-and-desist letters from Sony arguing that “Flay,” which has been compared to “Slender Man” in the media for their antagonists’ similar appearance, was in violation of the copyrights Sony claimed when they bought the rights from Knudsen in 2010.

Phame responded a month later saying that Sony did not “provide any proper notice of what specific intellectual property is alleged to be infringed or misappropriated,” and was met with another C&D letter in April.

“For these reasons, Phame Factory is entitled to a judgment declaring that Sony’s alleged trade dress, trademark and copyright rights are invalid, not protectable or are unenforceable under the Lanham Act, Trademark Act and Copyright Act,” the lawsuit states.

Pamela Chelin contributed to this report.

13 Horror Movies to Stream on Netflix for Friday the 13th (Photos)

Friday the 13th is a big day for horror, big enough that there's a long-running slasher movie franchise called "Friday the 13th." So to help you celebrate the right way -- by watching a horror movie, we've selected 13 scary flicks that are readily available for streaming.
"Friday the 13th" (1980)

This film introduced us to Jason Voorhees, the hockey mask-wearing mass murderer who has since become a horror icon.
Paramount Pictures
"Creep" (2014)

Patrick Brice's found footage horror film follows a man who begins to suspect he's in danger after he responds a cryptic Craigslist job listing.
The Orchard
"The Invitation" (2015)

Karyn Kusama's "The Invitation" is a remarkable character study where the real horror comes from the socially awkward dynamics between old friends. It has a few remarkable twists as you decipher whether something is really wrong or if you're just being paranoid.
Drafthouse Films
"XX" (2017)

This collection of four short horror films features all-female directors, Karyn Kusama ("The Invitation"), Roxane Benjamin (producer on "V/H/S"), Jovanka Vuckovic and indie rock guitarist St. Vincent making her directorial debut.
Magnet Releasing
"Bird Box" (2018)

How do you battle an evil that you cannot even look at? Sandra Bullock and her family must navigate the world blindfolded in this Netflix original.
Netflix
"Gerald's Game" (2017)

When her husband's sex game goes wrong, Carla Gugino's Jessie faces frightening visions and dark secrets all while handcuffed to the bed.
Netflix
"Insidious" (2010)

Haunted house? Check. Creep child? Check. This is the film that kicked off the frightening franchise.
FilmDistrict
"The Green Inferno" (2013)

Horror master Eli Roth features a group of students who are determined to save a cannibalistic Amazon tribe being squeezed by loggers. Turns out they need the saving themselves.
Universal
"The Ritual" (2018)

Four friends embark on a hiking trip where things end very badly.
Netflix
"The Forest" (2016)

"Game of Thrones" star Natalie Dormer plays a young woman searching for her twin sister who disappeared in Japan's infamous Suicide Forest.
Gramercy Pictures
"Sinister 2" (2015)

A single mother and her two sons move into a rural house with blood splattered all over the walls. What could be scary about that?
Blumhouse
"The Bye Bye Man" (2017)

When you meet the titular character, be prepared to say "bye bye!"
STX Entertainment
"Hush" (2016)

A young woman must fight for her life when a masked killer appears in her window. The twist? She's is deaf and mute.
Blumhouse

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And yes, “Friday the 13th” is available

Friday the 13th is a big day for horror, big enough that there's a long-running slasher movie franchise called "Friday the 13th." So to help you celebrate the right way -- by watching a horror movie, we've selected 13 scary flicks that are readily available for streaming.

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