Muse and their record label Warner Music are facing a $3.5 million (£2.2 million) lawsuit from a man who claims that they “ripped off” their 2009 track Exogenesis from his sci-fi rock opera of the same name.

Charles Bolfrass filed the lawsuit in federal court in Manhattan last week and has accused the band of stealing his “cinematic science-fiction rock opera” called ‘Exogenesis’, reports Courthouse News.

Bolfrass alleges that he contacted the Devon trio and two other bands in 2005 with the idea to write a sci-fi rock opera about space travel after the demise of the planet Earth.

He then says that Muse rejected his idea in the following year, but then alleges that the band chose to copy his idea on three tracks on their 2009 album The Resistance’. The tracks are titled “Exogenesis I”, “Exogenesis II” and “Exogenesis III”.

Bollfrass also claims the cover of The Resistance has an image that the band stole from the storyboards of his rock opera. He is suing Warner Music for copyright infringement, unfair trade practices and unfair competition.

Muse release their new album The 2nd Law on October 1 and will undertake a short UK arena tour in the same month.

The Devon trio will tour the UK in October, playing five shows. The gigs begin at Glasgow’s SECC on October 24, before the band move onto London’s O2 Arena for two shows on October 26 and 27. They then play Birmingham LG Arena on October 30 before finishing up at Manchester Arena on November 1.

They are also confirmed for the iTunes Festival and will headline London’s Roundhouse on September 30.