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)

"The Babadook" (2014)

Essie Davis stars as a single mother who is horrified to discover the monster from her son's nightmares might be real. It's a brilliant psychological character study about a struggling mother on the brink of collapse, but then evolves into a truly fantastical horror parable.
IFC Films
"Hellraiser" (1987)

Written and directed by Clive Barker, "Hellraiser" is the first in a nine-film series about the gateway to the world of Cenobites, monsters that harvest and torture human souls.
New World 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. And be sure to also check out the new sequel!
The Orchard
"Oculus" (2013)

A recent overlooked gem, "Oculus" finds a brother and sister dealing with an evil mirror that may have been responsible for the deaths of their parents when they were children.
Relativity Media
"The Human Centipede: The First Sequence" (2009)

As gross as it gets, this twisted body horror film imagines humans being stitched together, connected by their gastrointestinal systems. The sequel is also on Netflix, but you'll have to venture to Hulu to see the end of the trilogy.
Six Entertainment
"Let Me In" (2010)

"Let Me In" is a remake of the (better) Swedish vampire movie "Let the Right One In" about a young female vampire (Chloe Moretz) who befriends a timid boy (Kodi Smit-McPhee). But Matt Reeves' chillingly lensed film has themes of American politics that the Swedish version didn't touch on and help this remake stand on its own.
Relativity Media
"It Follows" (2014)

A monster that can take any human form slowly stalks and kill you unless you have sex and pass along the bug. It's a killer premise and has an even better synth score that would put "Stranger Things" to shame. David Robert Mitchell's indie horror gem preys upon the idea of always looking over your shoulder and carrying around the guilt and shame of past sexual encounters.
Dimension Films
"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
"Teeth" (2007)

Pitched as a cautionary tale against male violence towards women, "Teeth" is about a girl who harbors a monstrous pair of teeth inside her, well ... down there.
Roadside Attractions
"The Sixth Sense" (1999)

No matter how many times you've heard the twist or Haley Joel Osment's "I see dead people" line, M. Night Shyamalan's breakout film is still a remarkably taut horror/thriller.
Buena Vista Pictures
"Tale of Tales" (2015)

For some arthouse horror, check out the black comedy fantasy of Matteo Garrone's "Tale of Tales." The film is a bloody, yet colorful and satirical take on several ancient Italian fables with themes of attachments, vices and being corrupted by power.
IFC Films
"Byzantium" (2012)

Saoirse Ronan and Gemma Arterton star in Neil Jordan's undead horror movie about two young women seeking refuge in a small, deserted guest house. They secretly have been alive for 200 years and subsist on human blood, which attracts the attention of unwanted guests.
IFC 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 Vukovich and indie rock guitarist St. Vincent making her directorial debut.
Magnet Releasing
BONUS: "Friday the 13th" (1980)

Unfortunately, the original '80s "Friday the 13th" isn't on Netflix, but you can find it on Hulu, Amazon Prime Video, or Epix.
Paramount Pictures

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Unfortunately — and ironically — “Friday the 13th” is not available

"The Babadook" (2014)

Essie Davis stars as a single mother who is horrified to discover the monster from her son's nightmares might be real. It's a brilliant psychological character study about a struggling mother on the brink of collapse, but then evolves into a truly fantastical horror parable.

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