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"Choose Your Own Adventure Is Suing Netflix Over Bandersnatch"

Oct 30, 2017
1,826
#1
https://io9-gizmodo-com.cdn.ampproject.org/v/s/io9.gizmodo.com/choose-your-own-adventure-is-suing-netflix-over-banders-1831676760/amp?amp_js_v=a2&amp_gsa=1#referrer=https://www.google.com&amp_tf=From %1$s&ampshare=https://io9.gizmodo.com/choose-your-own-adventure-is-suing-netflix-over-banders-1831676760


You’re a Vermont book publisher who owns the rights to a well-known series of books. A new movie on Netflix uses the general concept for the books. Do you wish to sue them?

Yes...or no?

For Chooseco LLC, the answer is “Yes.” Variety reports the publisher, which owns the rights to the popular Choose Your Own Adventure book series, sued Netflix in federal court today saying that Black Mirror: Bandersnatch “infringes on its trademarks” The publisher is seeking at least $25 million in damages.
I am curious how this will play out and if its different than the people suing over dances in games.

I personally dont think the "idea" of branching paths should be something one can sue over but then again i didnt think you could over a videogame char doing The Running Man. Also I learned something. There is a company called CHOOSECO.
 
Oct 25, 2017
4,173
#2
I personally dont think the "idea" of branching paths should be something one can sue over but then again i didnt think you could over a videogame char doing The Running Man. Also I learned something. There is a company called CHOOSECO.
They're not suing over the idea of interactive/branching path fiction. They're suing for trademark infringement for using the phrase "Choose Your Own Adventure".
 
Oct 27, 2017
854
#3
I doubt that referring to a trademark like that can actually be trademark infringement. If Bandersnatch was advertised as a choose your own adventure then it's understandable but I don't think that's happened.
 
Oct 25, 2017
3,785
#5
Oh it's not about the gamey side of creating your own story, like Quantic Dreams, Late Shift, and Until Dawn games. They shouldn't have used "Choose Your Own Adventure," if it's trademarked.
 
Oct 25, 2017
4,173
#9
They will find that the phrase entered common use, and it's not enforceable anymore, I feel.
Yeah, the first thought I had when reading this was how is "choose your own adventure" not a genericized trademark like band-aid or velcro. I don't even know another name for that genre. But I guess you need to file the lawsuits until it's ruled unenforceable.
 
Oct 29, 2017
4,353
#11
I kind of feel like the phrase is like "Kleenex." Where the general population uses it to identify the whole "genre" and not to specifically use it to identify the brand that owns the trademark. Like how many people call tissues kleenex, even if they are not in fact that brand, it's basically the go to "name" for that, like CYOA is the go to name to describe a "branching" narrative which other books, games, etc have did besides the specific "brand" called CYOA and the general population simply calls them that instead of "branching narrative."
 
Aug 13, 2018
562
#13
Yeah, the first thought I had when reading this was how is "choose your own adventure" not a genericized trademark like band-aid or velcro. I don't even know another name for that genre. But I guess you need to file the lawsuits until it's ruled unenforceable.
Fun fact band aid is still a valid trademark in the US. J&J is the go to example of how to not let your trademark become generic. They started using it on much more products besides adhesive bandages.
 
Oct 27, 2017
2,397
#17
Company abusing the legal system in order to piggyback off of popular product with a public reminder that they still exist.