Netflix Sued Over "Bandersnatch" By "Choose Your Own Adventure" Creator

12 January, 2019, 12:11 | Author: Cecil Buchanan
  • Netflix sued over Bandersnatch's similarities to Choose Your Own Adventure

Netflix's Black Mirror: Bandersnatch has resulted in a massive lawsuit being brought against the streaming service.

Chooseco and Netflix had been involved in negotiations for a number of years, but Netflix ultimately was not granted a license to the trademarked phrase.

Indeed, the phrase "choose your own adventure" has been nearly inextricably linked to Bandersnatch, either through Netflix's own efforts or the mark's ubiquity as established by Chooseco.

"Bandersnatch" lets viewers "choose their own adventure", but Netflix is being sued for use of that terminology. The movie was billed as a "choose your own adventure" tale, even though the company largely refrained from actually using that phrase in the marketing. It was one of the most popular children's series in the '80s and '90s.

According to Chooseco's complaint, "Netflix has no license or authorization to use Chooseco's trademark and, upon information and belief, used the mark willfully and intentionally to capitalize on viewers' nostalgia for the original book series from the 1980s and 1990s". Chooseco is seeking at least $25 million or Netflix's profits from the film.

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The plaintiff said 20th Century Fox now holds an options contract to develop an interactive series based on the books, which allow readers to influence the story they are reading by turning to different pages.

The publisher's filing alleged that Netflix is benefiting from an association with the phrase, adding that Bandersnatch has been marketed and widely linked to the phrase.

The controversy seems to primarily stem from the dark nature of Black Mirror's subject matter. Chooseco filed a lawsuit in federal court today, saying that Netflix infringed on their trademark and is "causing confusion, tarnishing, denigrating, and diluting the distinct quality of the Choose Your Own Adventure mark". It sent a cease-and-desist letter to Netflix before the show's release.

Netflix declined to comment when contacted by MailOnline.

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