Netflix sued over Bandersnatch by "Choose Your Own Adventure" brand

Netflix sued over Bandersnatch's similarities to Choose Your Own Adventure

Per Variety, Vermont-based book publisher Chooseco LLC is suing Netflix for the advertising campaign surrounding Bandersnatch, specifically the used of the phrase "Choose Your Own Adventure".

Netflix has found itself in hot water over the first-ever interactive Black Mirror film, Bandersnatch.

In Bandersnatch, a young programmer is adapting a famous and mysterious choose your own adventure novel into a video game, which sends him down a plight of morality and outcome as he digs deeper and deeper into the meaning of free will.

Bandersnatch, which debuted last month, is a technically-ambitious feat, allowing viewers to direct the main character's actions and decisions and choose the path that his story will ultimately take.

"On at least one occasion before the release of "Bandersnatch", Chooseco sent a written cease and desist request to Netflix asking Netflix to stop using the "Choose Your Own Adventure" phrase in connection with its marketing efforts for another television program".

Chooseco, which has owned the trademark since the 1980s, is claiming infringement, dilution and unfair competition and demanding at least $US25 million ($35 million) in damages or Netflix's profits, whichever is greater. It was one of the most popular children's series in the '80s and '90s.

The bookmaker say Netflix doesn't have the right to that trademark. Further, Chooseco writes, "The film's dark and, at times, disturbing content dilutes the goodwill for and positive associations with Chooseco's mark and tarnishes its products".

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.

The company had already partnered with Twentieth Century Fox for an upcoming series of interactive films based on the books, which have sold over 265m copies worldwide.

Netflix had no comment.

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