- Oct 25, 2017
Netflix has been sued for trademark infringement over its new interactive film Black Mirror: Bandersnatch, The Hollywood Reporter reports and Pitchfork can confirm. The lawsuit was filed today (January 11) in a Vermont federal court by Chooseco LLC, the book publisher that owns the rights to the “Choose Your Own Adventure” trademark. According to Chooseco’s complaint, Netflix “actively pursued a license to use CHOOSE YOUR OWN ADVENTURE” starting in 2016, but was not granted one. The lawsuit also states that, prior to Bandersnatch’s release, Chooseco sent Netflix a cease and desist request.
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.” 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.”
Chooseco LLC is asking for at least $25 million in damages or profits (whichever is greater) from Netflix Inc., owing to alleged trademark infringement, false designation of origin, unfair competition, and trademark dilution.